Part 8 Claim

A tenant has claimed for non - protection of deposit under a Part 8 Claim

Any Ideas?

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.

 

The most obvious line of

The most obvious line of defence is to object to the use of Part 8 procedure and say there is an issue of disputed fact.

Namely that the deposit was ever paid.

This would leave the tenant to pursue the matter under Part 7.

You can of course counter claim.

Profile: retired barrister legal adviser with MOJ.

How do you counter claim?

How do you counter claim?  There is no section for it.  I'm thinking of putting an objection in with a request for the counter claim to be allowed with all evidence at same time to try & cover all the bases so to speak.

 

Profile: Property Letting

Evidence

The tenant in question has provided a statement of truth, but this is un-dated.  Has this therefore been served incorrectly?

Profile: Property Letting
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