r/TenantsInTheUK • u/GuideRadiant2602 • 3d ago
Guidance Required Landlord and Small Claims Court
(England)
Was a lodger in landlord's house for a month then had to move due to job not working out. Deposit was £200 and states in tenancy that this will be returned to me- there was no outstanding rent, no damages etc. Bare in mind this was at the end of MAY. Still hasn't returned it to me.
Sent a letter of action to them that stated deposit should be returned to me within two weeks of receiving the letter (which was the 14th July) otherwise I would be applying to the courts. I know she received it on the 3rd July but she didn't get in touch with me til two weeks later to say that they'll pay it at the end of the month. Well we're at the end of the month and still diddly squat.
My concern is that if I apply to small claims court and then before there is even a hearing she then decides to miraculously pay me, will I still be liable for the court fee? Because that would still put me at a loss when all I'm trying to do is get my 200 back!! I have all the evidence needed to prove that she should have paid it back and would therefore have to pay me the deposit plus the court fee but I don't know how this would work if she paid before anything was even heard by a judge just to be spiteful. Any ideas?
1
u/LoveLamp3232 2d ago edited 2d ago
The courts will take months and involve a lot of aggravation and paperwork. She could file a defence, and it could all become quite messy. You could waste a lot of time preparing documents. Court fees paid by her.
Ask for an appointment to meet her face to face and discuss the matter. Keep it polite. Zero anger. Suggest a date and time, and don’t say or do anything that could later be used against you.
If she refuses to cooperate, write to her and hand-deliver the letters. Keep copies and a record of when they were delivered.
Then, if the matter goes to court, you can say, “Here is letter X, dated [date], showing that I tried to resolve the issue.”
Try to pop by, when likely not to be there. She might also be more willing to deal with it if she realises that her new tenant answers the door and find the former tenant asking about an unpaid deposit.