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Form N208 - TDS non-compliance - evidence help?
maridunn
Posts: 28 Forumite
Hi
I posted a week or two ago about being served with Section 21 Notice and also mentioned about the fact that our landlady hadnt protected our deposit.
I have since spoken to a Housing Advice Officer who has said that he doesnt think we need to send the LBA and that we should just take it straight to court as our case seems pretty clear cut - our landlady has written in and signed our rent book dated the 1st May 2007 with the following: "1st May 2007 Five hundred pounds deposit paid, received with thanks (signed)"
Can we use the signed rent book as proof that we paid a deposit? Or will the judge etc want to see a copy of the tenancy agreement? (Which we currently dont have a copy of and the landlady wont issue us with another copy!) And do we take copies of this book in with us when we take the forms in to the court?
I posted a week or two ago about being served with Section 21 Notice and also mentioned about the fact that our landlady hadnt protected our deposit.
I have since spoken to a Housing Advice Officer who has said that he doesnt think we need to send the LBA and that we should just take it straight to court as our case seems pretty clear cut - our landlady has written in and signed our rent book dated the 1st May 2007 with the following: "1st May 2007 Five hundred pounds deposit paid, received with thanks (signed)"
Can we use the signed rent book as proof that we paid a deposit? Or will the judge etc want to see a copy of the tenancy agreement? (Which we currently dont have a copy of and the landlady wont issue us with another copy!) And do we take copies of this book in with us when we take the forms in to the court?
0
Comments
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The rent book is corroboration of your evidence (in the form of a statement on the N208) that a deposit was paid and will lend your version of events versimilitude if the LL commits perjury.
While I suppose if you are claiming only 3* the deposit (and not also the return of the deposit itself) then a LBA could be considered optional but I fail to see what you lose by sending one and it might, if the LL settles out of court, avoid both you having to pay a court fee and the possibility that you lose in court.0 -
Send the LBA but make the time limit a short one.
It may prompt a settlement, and judges will not look kindly on you if you do not attempt to reach settlement first even if your case is a slam-dunk. They may make you share costs or something, which would just be annoying.
As for the tenancy agreement, request a copy in writing, sent recorded delivery (you can send at the same time). It will look very bad for the LL not to reply and may even itself be an offence (will have to check up on this).
Finally, when in court bring ALL the evidence you have. Bank statements, bank records of whereo the cheque was paid, receipt, tenancy agreement. You almost certainly have enough but bring it all (well-organised and annotated).
Take originals to court, not copies.0
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