Part 8 Claim
A tenant has claimed for non - protection of deposit under a Part 8 Claim
Deposit wasn't protected in September 2012 because at klast minute tenant said he had changed jobs & wouldn't be able to pay rent next month & could he pay 2 months rent & pay deposit in 2 months time.
We agreed but contract says deposit
However tenant never caught up & from day one just got a bit more in arrears every month for 4 years.
We protected a deposit even though in arreas about 18 months ago
Eventually when £4,000 in arearrs we got a court order for posession. After a further 4/5 months we sent in bailiffs. He had paid of most of the arrears though
After leaving the tenant did not contest the deposit
On leaving the tenant vandalised the property with some £20,000 worth of damage
The tenant is suing fro £5,250 for failing to protect deposit (even though none ever received) through a Part 8 Claim. Deposit should have been £750.
I want to counterclaim & dispute the fact he actually gave the deposit. I have proof payment went into arrears from month 2 exactly as described & was never caught up.
What facts should I put in the section D of acknowledgemnet of service for disputing a Part 8 Claim is valid? I think the tennat with help of Shelter is using this method to try & avoid a counter claim.