Taking former landlord to court

tbs624

harryhound wrote: »

Insist that use of the ADR is written into the contract next time?

A clause which sought to prevent recourse to the courts? You can write what you like into a contract but it won't necessarily stand up.

Snowyemma

Hi all

Had a few other things going on, so this has had to take a back burner for a while, but finally got a bit of time to come back to it...

I sent the intention to issue court proceedings letter to both the address given to me by my LL when he became my LL, and to his business address; although the business is no longer in operation, he still owns the building, and collects mail from there. Interestingly enough, he's told the tenant from the upstairs flat that if any bills arrive for him, to just put them in the bin.... I guess my letter may have fitted into this category (ie. one wanting money!), so has either been put into the bin, or ignored. The identical letter sent to what I thought was his home address has been returned "gone away" by Royal Mail.

I guess what I'm wondering now is what address do I serve court papers to? He's got a contact address for me, but has never notified me of a change of address for him. I guess the lack of reply shows there's a good chance he won't respond to the court notice, so hopefully I'll win by default, but I know I've got to make some sort of effort to ensure I use the correct address!!!

I'm really wanting to get a move on this now, otherwise it will have been dragging on for a year!!! Thanks again for any advice you guys are able to offer me xx

silvercar

Ordinary mail with certificate of posting and recorded delivery to last known address should suffice.

Ordinary mail with CoP so you have proof of posting and recorded so you have proof that either he got it or he deliberately chose not to recieve it.

Last known address because you can't be expected to do anything else. He knows he has your deposit so he has a duty to keep you upto date with his current address or pay the Royal Mail to forward post.

EagerLearner

Hi Snowyemma, just a thought - what about downloading the land registry info for the property and seeing if an alternative address is there? It costs £3 and may yield some info.

Otherwise, as silvercar mentions, you have done what you can, writing to the address you have. The court won't expect you to guess where he is living. Send any future letters letter Recorded Delivery.

DPS should be far more helpful on this matter - do they have any other address for him?

Good luck and stick with it - these landlords cannot get away with such shoddy treatment. I got the same treatment from Evil Landlady, she ignored all correspondence and marked 'Gone Away', I felt very despondent. However, when I got the land registry info and copied letters to that address, she came out of the woodwork and realised we were not going to just go away.

Snowyemma

Thanks for your help people!

Just double checked the land registry, and what do you know? LL is still the owner of the property, and his registered address is the property... Tenant from the upstairs flat doesn't trust him one bit either- lucky I get on with him, so I can still get some info on my former LL! Apparently LL hasn't been spotted there recently. Guess I'll still have to use it as the contact address, since the mail has been returned "gone away" from the other address I have...

Gonna file the court documents online tonight or tomorrow... I just want to get this over with now!!!

EagerLearner

Go for it and fingers crossed for you! Speak to Citizens Advice as well and see if you can get any info there.

Snowyemma

I've finally filed the claim against my LL (or numpty boy, as I've nicknamed him to friends and family!)!

Did it online, and was easier and cheaper than I thought- only took around half an hour (most of that being me umming and ahhhing over what to write in the small statement space allowed), and cost £35. I'm claiming the full deposit (plus interest) to be released from the DPS, and thought I may as well attempt to claim the court fees from my LL. Not holding my breath about getting it though- if the DPS give me my deposit back, I ain't gonna pursue LL further for the sake of £35!

Guess it's just a waiting game for now... Bets on LL actually responding to the court documents within the 2 weeks allowed for him to respond before I can claim in his absence????

EagerLearner

Hi Snowyemma well done, you have done what you can for now. I am not sure how it works with DPS, but maybe put in a call to them to say you have commenced court proceedings so they are aware as well?
Anyway, sit back now and see - he may well ignore it, but you have followed due process at this stage.

Snowyemma

Just checked online, and the court's accepted my claim request. The issue date was today, so I'm presuming LL will receive the pack from the court tomorrow... I know he's got 2 weeks to respond before I can apply for a decision in his abscence, but when does the 2 weeks start? I'm presuming tomorrow, but I don't know whether it should run from today, or whether to allow extra time for the bank holiday weekend...

I know there's a slim chance LL will respond to the court in time, but I guess I'd just like all the info to hand so I can swoop at the earliest given opportunity!!!

Snowyemma

Just to keep people posted... Got the official letter from the court. The papers were deemed to have been served on numpty boy on the 26th, and the date they've given me for him to reply by is the 9th. Still no response from him, so fingers crossed a week today I'll just be waiting for the paperwork to go through before I finally get my money back!!!