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nipper6167
25-05-2005, 09:10 AM
I am currently in dispute with my ex-tenants as I have only repaid half of the deposit (£375), reasons are numerous as the condition is well above general wear and tear. My ex-tenants have instructed a solicitor to try and recover the rest of the monies. Having gone back to their solicitor with an offer of another £100 maximum I have yet to hear from them and this was over 6 weeks ago. Is there anything in law that means an ex-tenant has to bring an action in the Small Claims within a certain time frame? This dispute has now beeing going on for almost five months.

Anyone know?

Thanks

davidjohnbutton
25-05-2005, 10:04 AM
It will be six years before any action by the tenant is prevented by the Limitation Act, so the tenant has six years measured from when the alleged debt first arose to issue a summons.

Jennifer_M
25-05-2005, 10:50 AM
Why offer £100 if you deducted the money fairly ?

If they've done some damage, you got it repaired and kept the receipts (obviously ?!), deducted the amount from the deposit (it wasn't held as stakeholder was it ?) and that's it.
If they feel it's unfair they can take you to small claims court but as long as you can prove you did everything by the book there's nothing to worry about.
If you just took money at random or didn't have an inventory then you might be in trouble.

ngadef
25-05-2005, 12:17 PM
It will be six years before any action by the tenant is prevented by the Limitation Act, so the tenant has six years measured from when the alleged debt first arose to issue a summons.

Yea but the tenant has to prove to the judge that he has made reasonable efforts to collect the debt from you

Including writing to you & making reasonable efforts to negotiate

If they do nothing for years then I don't think most judges would think it would be reasonable

davidjohnbutton
25-05-2005, 16:52 PM
Sorry Ngadef - you are wrong.

A Creditor does not have to prove reasonable efforts to collect the debt before the six years is up and ANY judge is COMPELLED to allow a proven debt which is under six years as actionable. A creditor can, if he/she wishes, wait until the six years is almost up and then claim the original debt and statutory interest currently at 8% - this can double some debts and is a perfectly legal course of action.

And for documents under seal, such as property sales, the limitation period is 12 years.

nipper6167
03-06-2005, 08:48 AM
Thanks everyone for replying.

The £100 was offered because I don't want to go to small claims if possible as it's more hassle than it's worth. But if my ex-tenants are not interested in collecting the money now then I'll guess I will keep hold of my pictorial evidence for the next few years just in case.

Cheers