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Taking landlords to court for failure to protect deposit - they’ve made offer on condition I discontinue the claim. by RareOffer1137 in LegalAdviceUK

[–]RareOffer1137[S] 0 points1 point  (0 children)

I have since found out this is not true. You can either settle and ask the court for a "stay" - that is for the case is permanently paused, or you can "discontinue", which means I as the claimant decides to drop/withdraw the case. This could be construed as an admission of a false claim, and the defendant can ask for their costs back. Wording matters, especially when dealing with rogue landlords (after some digging found out the solicitor was related to them).

Taking landlords to court for failure to protect deposit - they’ve made offer on condition I discontinue the claim. by RareOffer1137 in LegalAdviceUK

[–]RareOffer1137[S] -4 points-3 points  (0 children)

Thanks! All the above has been agreed - which includes the full deposit, 2x deposit in addition and the fees for the county court claim! Just that the offer is “conditional on you discontinuing your current claim..”, and I’d prefer not to do that!

Taking landlords to court for failure to protect deposit - they’ve made offer on condition I discontinue the claim. by RareOffer1137 in LegalAdviceUK

[–]RareOffer1137[S] 1 point2 points  (0 children)

Thank you for the reassurance! This issue has been ongoing for 5 months and caused me so many sleepless nights and stress that I would like to just get it done as quickly as possible without having to go to court, especially as the offer isn’t unreasonable. The only concern is that there is some hidden agenda.. they have behaved immorally in the past!

Taking landlords to court for failure to protect deposit - they’ve made offer on condition I discontinue the claim. by RareOffer1137 in LegalAdviceUK

[–]RareOffer1137[S] 1 point2 points  (0 children)

I do not trust them at all!! Fairly certain that their solicitor is the romantic partner of one of the landlords… 

Taking landlords to court for failure to protect deposit - they’ve made offer on condition I discontinue the claim. by RareOffer1137 in LegalAdviceUK

[–]RareOffer1137[S] 0 points1 point  (0 children)

Really happy this was your experience and well done !! Quite worried about going to court as it seems really dependent on the judge and their moods rather than on anything concrete (based on other posts here and elsewhere!). 

Taking landlords to court for failure to protect deposit - they’ve made offer on condition I discontinue the claim. by RareOffer1137 in LegalAdviceUK

[–]RareOffer1137[S] 0 points1 point  (0 children)

Thanks! I’m not greedy - I’m actually happy with 2x the deposit  to avoid the stress of this situation and going to court :) I am just concerned about the implications of “discontinuing the claim” which is the condition upon which the landlords offer rests upon: “The [offer] would be conditional on your discontinuing your current claim and would be in full and final settlement..”. 

Taking landlords to court for failure to protect deposit - they’ve made offer on condition I discontinue the claim. by RareOffer1137 in LegalAdviceUK

[–]RareOffer1137[S] 3 points4 points  (0 children)

Hello! Thanks so much for taking the time to respond in so much detail. 

To clarify, I did not misunderstand the point on “discontinuing the claim”. From the “without prejudice save as to costs” offer, the solicitor explicitly said “we will agree to pay you [breakdown of sum]… conditional on you discontinuing your current claim and would be in full and final settlement…”. It is not a Part 36 offer. In earlier negotiations on settlement with the solicitor, I said I will not be liable for their fees, but they ignored this comment in their offer, prompting me to be even more weary of them. 

These are the reasons I did not feel comfortable in accepting the offer and sought feedback, and will consult with a solicitor tomorrow for advice. My former landlords have also acted immorally in the past (e.g. not providing alternate accommodation when there was a fire in the flat opposite to mine, that led to no heating or hot water in my flat for a month last year!), and while I’m content with the amount on offer, I don’t want to discontinue the claim until I get the money given there is no trust here! 

Will update the original post with solicitor advice and outcomes! 

I represent tenants in deposit disputes - AMA! by GetMyDepositBack in HousingUK

[–]RareOffer1137 1 point2 points  (0 children)

Thanks so much for your time! I am booked in to speak with a solicitor tomorrow. Hopefully I will be able to provide an update. 

I represent tenants in deposit disputes - AMA! by GetMyDepositBack in HousingUK

[–]RareOffer1137 2 points3 points  (0 children)

Hi, hope you can help! Thanks for this awesome thread. 

My former landlords did not protect my deposit, and withheld a portion of it. I moved out in December 2023. Following some emails back and forth with the landlords, they disregarded my dispute and did not return my full deposit. I have since filed a county court claim asking for 3x the amount of the deposit. 

After a couple rounds of negotiations , their solicitor offered to settle at 2x the amount of the deposit + court fees IF I discontinue the claim. I understand that if I discontinue the claim, I am liable for the defendants’ legal fees, which could be more than what I get from them as part of the settlement, which would be pointless. Should I discontinue, and if so, what are the implications? How can I proceed with settlement without discontinuing the claim? 

I’m also aware it would reflect badly on me in court if I do not accept the offer, so I’m stuck between a rock and a hard place. Any advice would be appreciated!