Small claims time limit

jamieslucky7

After leaving a student flat in July 2007, the landlord refused to give us our deposit back (7 people 1 house).

I sent 2 letters in Nov 2007 asking for it back. I received no reply. Rather than going to court myself, I waiting until one of the other housemates went to court over the matter.

The landlord decided to pay them their deposit back just before they were due in court.

I've now decided to try and get my deposit back through small claims.

Will it matter to the court that I have waited so long to do this?

neverdespairgirl

You aren't out of time.

You do need to write a "letter before action", though.

HGLTsuperstar

And be prepared for the court to ask why you are bringing the action now rather than sooner.

neverdespairgirl

Not a big issue, though, as you have 6 years to bring a claim!

HGLTsuperstar

I agree that its within time - but the court will ask why now so don't be surprised and have an answer ready.

jamieslucky7

HGLTsuperstar wrote: »

I agree that its within time - but the court will ask why now so don't be surprised and have an answer ready.

Would, "I was waiting to see how my fellow housemates got on before trying to claim myself" be reasonable?

HGLTsuperstar

Personally I think there's a risk of sounding like you're jumping on the bandwagon rather than doing this for yourself, but it can be interpreted differently by others so anyone else offer a comment please?

neverdespairgirl

It doesn't matter if you are jumping on a bandwagon or not, what matters is if you have a case.

tbs624

Check with the court whether you can qualify for help with the court fees too if you are still on a low income - you need form EX160A.

Were you all on one Joint & Several Liability contract or did you each have individual contracts? If it was just the one contract & you are still in touch with the remaining 5 tenants you can apply jointly.

Write formally to the LL (rec delivery or hand deliver) Head the letter "Letter Before Action", as Neverdespair girl has said.

Give the property address and the dates of the tenancy. Confirm the date on which you left, that all bills were paid up to date and that the property was left in the same condition as it was at the start of your tenancy, fair wear and tear excepted (it was, wasn't it??). Refer to any phone calls you made, plus the previous two letters that you sent (give dates).

I wouldn't mention to your LL that you know about your fellow tenant's success - just say:

" I formally request that you now return £xxxxx, the full amount of my deposit/share of the deposit (depending on which type of contract it was)within the next 10 days.

I would prefer to resolve this amicably but if I have not heard from you by (give date 10 days hence) please note that it is my intention to pursue a claim through the County Court. I look forward to hearing from you."

Good luck - post back & let us know how you get on.

jamieslucky7

tbs624 wrote: »

Check with the court whether you can qualify for help with the court fees too if you are still on a low income - you need form EX160A.

Were you all on one Joint & Several Liability contract or did you each have individual contracts? If it was just the one contract & you are still in touch with the remaining 5 tenants you can apply jointly.

Write formally to the LL (rec delivery or hand deliver) Head the letter "Letter Before Action", as Neverdespair girl has said.

Give the property address and the dates of the tenancy. Confirm the date on which you left, that all bills were paid up to date and that the property was left in the same condition as it was at the start of your tenancy, fair wear and tear excepted (it was, wasn't it??). Refer to any phone calls you made, plus the previous two letters that you sent (give dates).

I wouldn't mention to your LL that you know about your fellow tenant's success - just say:

" I formally request that you now return £xxxxx, the full amount of my deposit/share of the deposit (depending on which type of contract it was)within the next 10 days.

I would prefer to resolve this amicably but if I have not heard from you by (give date 10 days hence) please note that it is my intention to pursue a claim through the County Court. I look forward to hearing from you."

Good luck - post back & let us know how you get on.

It was a joint contract, however a couple of the tenants fathers wanted to pursue their deposit individually.

The house was in good state. We have proof from the agency as they went round the property with us on the move out date, and said everything was acceptable.

All bills were settled.

I have sent a letter asking for the deposit back. If i hear nothing in 14 days, I'll send a letter before action.

Thanks for your help. I'll keep you posted...

HGLTsuperstar

Agree with tbs - at this point in time don't mention the other tenants victory- remember this is all new territory and there are as yet no legal precedents - therefore one success doesn't guarantee another. However your LL will hopefully want to settle ASAP i.e. "once bitten..."
Good Luck