We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Deposit Return after 2 years

2»

Comments

  • Thanks for your response. We're going to collect everything together that we have in case it is required at a later date, and have a read through how to go through the scc process ready for the 14 day deadline as I can't see him seeing sense in the next 2 weeks!

    Thanks again,
    Stacie
  • N79
    N79 Posts: 2,615 Forumite
    Just seen the address issue. What was the address on your tenancy agreement? That is the address you should use in your court papers.
  • The address on the tenancy agreement is one I know he no longer owns - I checked the land registry when this first started. Can I still send to that address since its the last known address for him?
  • N79
    N79 Posts: 2,615 Forumite
    iamstacie wrote: »
    The address on the tenancy agreement is one I know he no longer owns - I checked the land registry when this first started. Can I still send to that address since its the last known address for him?

    If its the only address you have then you will have to use it.

    Do you have the details of any assets in the UK belonging to the LL? If not then you probably will never successfully enforce a judgment.

    If you have to use this address then be aware that your LL may well be able to get the case reset to the summons stage when you try to enforce the judgment (by claiming to be unaware of the court proceedings). However, to do so he will have to provide a new address and the case will simply be reheard so I would prepare yourself for having to present your case twice!
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    edited 30 September 2010 at 10:57AM
    Couldn't the documentation be addressed to the rental property that the OP occupied and which the LL still owns and rents?

    If the OP's claim is successful and the landlord doesn't pay up it might be possible to get a charge put on the property?
  • F_T_Buyer
    F_T_Buyer Posts: 1,139 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Just file through the small claims court, and represent yourself. It's not too difficult, and the judge will be aware you are not legally trained. However, you must keep to facts - opinions don't count. Also, prepare your case with indexes so when referring to you can quickly state "index 2, page 3" in the folder - be organised is the key!
  • As Bitterandtwisted says, he does still have the rental property - I did wonder whether to use this address or not? I know he doesnt live there but he does own it. Are the documents just sent through the post? If anything arrived for my landlord I'd send it on, or at least give it to the lettings agents to handle if the property is managed.
  • N79
    N79 Posts: 2,615 Forumite
    Couldn't the documentation be addressed to the rental property that the OP occupied and which the LL still owns and rents?

    By all means use the address of the property that you let as an additional address, explaining that as it is some time since your tenancy agreement ended you are no longer sure that the address on your tenancy agreement is valid but you must include the address for notices as it is included on your tenancy.
    If the OP's claim is successful and the landlord doesn't pay up it might be possible to get a charge put on the property?
    Yes - provided the award amount is above the threshold for a charging order.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 353.8K Banking & Borrowing
  • 254.3K Reduce Debt & Boost Income
  • 455.2K Spending & Discounts
  • 246.9K Work, Benefits & Business
  • 603.4K Mortgages, Homes & Bills
  • 178.2K Life & Family
  • 261K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.