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Comments
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The address on the agreement is the letting agent's address.
It doesnt matter.
That is the address you have legally been provided with. Unless she tells you otherwise you send your letter there. If she doesn't get the letter, she can't defend the action. So you win and she gets a CCJ.0 -
Letting agent has no liability, you are contracted to the landlord so they must return your deposit. The landlord is contracted to the letting agent so they must chase their agent.
- Will the letting agent give you the landlord's address via e-mail?
- Download the land registry information for the house you were renting (£3), it may/ should have her address on
- Is the landlord on the electoral roll?
- Does the house have new tenants in? If so you might knock on the door and ask the tenants for the landlord's address or at the very least what letting agent she is using now.
Texting is for your mates, not such a formal situation. If none of the above come up trumps will the landlord give you an e-mail address if you ask for it but don't tell her why? It's not ideal but you can use e-mails as evidence in court. Not sure you can serve papers at the rental house unless you think they are resident there, check with the county court don't assume.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
It doesnt matter.
That is the address you have legally been provided with. Unless she tells you otherwise you send your letter there. If she doesn't get the letter, she can't defend the action. So you win and she gets a CCJ.
Which the OP cannot action because they don't know where the landlady is. And the landlord can apply for a set aside on the basis the OP knowingly used a defunct address.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
I agree with you Fire Fox. To be on the safe side, the OP should sent the letters to
1. The landlord at the agents address
2. The landlord at the dwelling address
and
3. The landlord at the address for service given in the Land Registry.
4. The landlord at the address given by the new tenants.
Obviously obtain certificates of posting.
A bit of bother I know but it will show that business is intended."If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools"
Extract from "If" by Rudyard Kipling0 -
Which the OP cannot action because they don't know where the landlady is. And the landlord can apply for a set aside on the basis the OP knowingly used a defunct address.
True
But if it does get to that stage (which is highly unlikely) then the "set aside" (even if granted) brings the landlord out into the open and with an address to be served.
The OP needs to be firm with the landlord and point out that it is the landlord's responsibility to put the money into a scheme. If not (with much regret on his part) he must pursue the action against the landlord."If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools"
Extract from "If" by Rudyard Kipling0 -
Agreed :
* landlady needs to understand SHE owns the property, the rent went to HER, and SHE is responsible for the deposit.
* Is the LL's phone number a landline or mobile? Try cross-referencing Directory enquiries
* Find LL adress via any/all the suggestions given and serve claim on her
* ignore the agents0 -
OP, the advice you have received to claim against the LL and forget the LA is correct.
However, not having a current address for the LL is a problem. You will find it exceptionally hard to claim unless you have one, especially when it comes to actually enforcing any judgment.
You should not warn off the LL right away. Download the land registry title for the property (4 quid). Does it have a name and address? Failing that, can you 'trick' her into giving it to you somehow?
Also, don't 'ring/ text'. Totally inappropriate method of communication for legal matters. Write a proper letter with proof of postage when it comes to that stage. Search the forum for 'letter before action' to understand what comes next.
Finally for now, was the deposit protected in any scheme? If not, and presuming you are in England/wales, the landlord is liable for a stiff penalty, not just returning your money.0 -
True
But if it does get to that stage (which is highly unlikely) then the "set aside" (even if granted) brings the landlord out into the open and with an address to be served.
The OP needs to be firm with the landlord and point out that it is the landlord's responsibility to put the money into a scheme. If not (with much regret on his part) he must pursue the action against the landlord.
If the landlord doesn't apply for a set aside? The OP has a CCJ but no money. And what if the landlord applies for a set aside four years hence when the OP has moved twice more and cannot be located? It may be the OP has to use that address because there is no other but to me it is a last resort.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
Yes but all highly unlikely. Formal letters sent as per my post 15 and contact with the council as per post 5 are likely to bring her out of the woodwork for starters."If you can bear to hear the truth you've spoken
Twisted by knaves to make a trap for fools"
Extract from "If" by Rudyard Kipling0 -
Thanks everyone for your advice.
The letting agent rang me this morning saying he will sort it next week.
I rang the landlady and told her we have been advised to take legal action against her as she is ultimately responsible for the money.
She has agreed to pay us the money herself when she gets paid on Thursday (15th) so hopefully this will be resolved then.
Plan B (if the money is not returned):
-Write a letter before action and address it to the landlady and send it to the following addresses:
1. C/O her at the business address we had for the letting agent.
2. The property itself.
3. We will also ask her for her address so we can serve legal papers.
4. I think she rented out the property with a different estate agent so we will also contact them and use this as an avenue.
Again thanks for all your advice and hopefully this will be resolved by the end of next week. I'll let you know how we got on!
*Edit* There is no point getting the land registry as she lived there herself before we moved in.0
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