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try and be strategic, is it worth taking him to court if you are submitting your application in one month time? if so try and delay the court claim as much as you can but keep pressure on the landlord, send him a written letter stating that you are owed deposit money. if you were given a contract then state the relevant clauses in the contract. have you signed one when you moved in?rnr79 wrote:I was asked by my former landlord if I could do him a favour by vacating my flat at short notice do that he and his heavily pregnant wife could move in as they needed extra space. I moved out to help him. Now he refuses to return my deposit, saying I didn't give him notice. It's outrageous, so I am taking him to the small claims court.
There is a danger he will make a counter claim against me stating that I gave no notice. If he did make a counter claim, technically there would be a court case pending against me. Would this affect my ability to apply for UK citizenship?
a good case worker will look into why there is a civil court case pending and will be unlikely to dismiss it just because the words "Pending court case" are stated in the application.rnr79 wrote:
But in the worst case if I loose a case against him or the case is still pending will this affect my application for citizenship please can I have your views on this point
Thanks mate...yes thats good idea i will give the HO and NCS a call and see what they saydz_nostalgia wrote:
to put your mind at ease give the HO a call see what they say, give NCS a call and ask them the question before you actually book it, they will tell you then whether or not to submit your application.
It means: no proper contract, landlord name is on council tax bill (although tennat is paying it), mortgage provider has not agreed to let the property out, payment is by cash and landlord is not paying tax, plus some other things.rnr79 wrote:What does letting "siletnlty" means? I was living there leaglly with proper tenancy agreement and paying rent on time and kept property in good condition.ukpl wrote: If you were letting "silently", then unfortunately it'd be hard for you to get anything back from your former landlord.
I have already told the LL about DPS scheme and contacted all three schemes and checked that he hasnt protected it. But for him its not an issue if i file a case for 3 times deposit, he has time to protect the deposit until the time he appears in the court for hearing. and LLs have provision to protect the deposit with one of the scheme even after the tenacy has ended. So in every situation tenant is at loss and if tenanct makes a claim they wont get 3 times deposit at all and they will loose court fees as well.ferrarilondon wrote:You should proceed with the case, as i hope this will not effect your application but a senior member or a legal advisor should be able to shed some light on it, Also did you mention about Tenancy Deposit Protection Scheme to you landlord? if he did not secure your deposit in this scheme than he is liable to pay you 3 times back so basically the ball is in your court
even so how can he prove that the landlord actually asked him to move out? the guy moved out with his own consent and no written evidence that he did so because the landlord's wife was pregnant.mcovet wrote:YOUR CIVIL CLAIM CAN NEVER AFFECT YOUR NATURALISATIOM APPLICATION! The only type of court hearings are criminal convictions and bankruptcy (civil) which affect naturalisation. General civil law disputes do not be silly
it's true, sadly, that tenants are treated as lower category citizensrnr79 wrote:there is no law in this country which protects tenants.