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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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In regards XXXXX XXXXX cases brought to the small claims

Customer Question

In regards XXXXX XXXXX cases brought to the small claims court are the amount for compensation 'capped'?

----- I read the following: "...if you are a tenant and you are claiming compensation against your landlord or seeking an order that he carry out repairs then your claim will be heard in the small claims court if it is for £1,000 or less." -----------

Does this mean you can't claim for over £1000 at the small claims court for landlord / tenant claims?

What do you do if your claim is over £1000 especially if you've left the property and tenancy is over?

Do you go to county court for landlord/tenant claims over £1000 or are they 'capped' full stop?

Thanks.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
hi

What stage of the litigation have you reached?

Tom
Customer: replied 1 year ago.
I assume at the very beginning.

I've been issued an informal letter from the former tenant that they plan to go small claims route and are about to issue a claim letter. They have stated an amount way over £1000.
Expert:  Thomas replied 1 year ago.
Hi

I am on my way to work now I will have to answer your questions in about an hour and a half.

Sorry for the delay.

Tom
Customer: replied 1 year ago.
No problems. This is a pure compensation claim. Nothing to do with the deposit. I'm assume its for disrepair but they have not really stated what they want to be compensated for. My guess is inconvenience. But there is no detail to what the amount is specifically compensating for. It's below £5000 and well above £1000 hence why I ask the question about the £1000 threshold within the small claims.
Expert:  Thomas replied 1 year ago.
Thanks. Will answer around 930ish..
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

There is a limit of £1000 in the case of a disrepair claim. If it is above this level then it will not be allocated to the small claims court.

If the tenant does not know this then they will complete the allocation questionnaire incorrectly and then the judge will allocate the claim to the fast track.

This may cause a minor delay in proceedings at the start but it would not prevent the claim from proceeding I’m afraid.


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Kind regards,


Tom
Customer: replied 1 year ago.
Thanks. If allocated to Fast Track and not Small Claims does this mean costs can be apportioned?

ie if they lose they pay my costs etc.?
Expert:  Thomas replied 1 year ago.
Hi,

Yes, that's correct. Costs are claimable.

Tom
Customer: replied 1 year ago.
Great thanks. One last question; in small claims a "counterclaim" can be a defense response.

Is this the same for Fast Track?
Expert:  Thomas replied 1 year ago.
Hi,

Yes, same in both. You file a Defence and Counterclaim together.

Please kindly rate my answer.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.
FAO Tom:

Could I ask one more minor question in relation to this issue? Or would you like me to raise a new question?
Expert:  Thomas replied 1 year ago.
No, please ask on this thread..
Customer: replied 1 year ago.
If I don't live in the UK and haven't for sometime nor am I a citizen; how is a fast track claim served? Are the time limits different? Can I attribute costs for flights etc.?
Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.
Hi Tom - did you get a moment to respond?
Expert:  Thomas replied 1 year ago.
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