Tenant suing for upto 3 times the deposit for an issue nothiong to do with the deposit.

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Kevin C.
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My recent ex tenant had a foul drainage smell that took 6 or 7 weeks for Yorkshire Water to deal with properly. She had to move out after one week and the rent was withheld.
She moved in when the leak/breakage to the drainage system was cured and paid rent from there, but shortly moved out. I perhaps chased her too soon (a day or two after she moved back in and perhaps did not show enough sympathy.
Between us we spent a lot of time chasing Yorkshire Water I had five one hour meetings at the property alone.

Presumably (with advice form Citizens advice) as she was not given the written Prescribed information relating to her deposit she is using this legislation to take her revenge!
The deposit was sent to the DPS 5 days late because I was out of the country and I received notification of its receipt by them and so was the tenant which the DPS confirmed to me. I would have said the deposit goes to the DPS at the time of signing her up.

She has written endless grievances about the whole debacle over the sewage smell problem which are not relevant to what she is suing me for and I have written to the Court to explain this but so far no one official has looked at the case.

She has been offered and sent a cheque for one times the deposit (her original deposit was released to her straight away)but she is wanting twice the deposit and the Court fee of £80 , totalling £980

Mediation has been offered (an hour phone call to a mediator for us to try and reach a compromise) but I do not see why I should pay one times, never mind two, when I did not try and keep the deposit or hide its whereabouts from the tenant!
(but now understand the law is one to three times)

Should I take my chances in the local County Court or increase my offer?

Thank you for any of you that has got this far with my problem

10/01/2018 10:51

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