County Court Claim against unreasonable deposit charges

anyarella

N79 wrote: »

Of course, if your LL annoys the court or if the court feels that it would be just to award the money then the rules can be bent - but it is not a sure thing!

Thanks, it's good to know what to expect and what not to expect in this case. But I shall include it in the letter before action anyway, perhaps it will give LL a jolt.

Do I have to state the reasons why the charges LL makes against my deposit are unreasonable?

corbyboy

What I don't underdstand is where the deposit money is now?

If the landlord was happy to have the deposit returned to you then it should have been sent directly to you. If he wanted to start a dispute then the money would be held by the deposit protection company until the dispute was resolved.

How did the landlord get hold of your money without going through the proper dispute procedures?

anyarella

corbyboy wrote: »

What I don't underdstand is where the deposit money is now?

If the landlord was happy to have the deposit returned to you then it should have been sent directly to you. If he wanted to start a dispute then the money would be held by the deposit protection company until the dispute was resolved.

How did the landlord get hold of your money without going through the proper dispute procedures?

The actual sum of money, as far I have been able to gather, is in the LL possession and has been since day one. Since an insurance based scheme was used to protect the deposit, the scheme doesn't actually hold the money.

At first, when LL was just claiming damaged sofa for up to £300 and still willing to refund rent, I was willing to concede the matter as It was too much hassle to fight it at the time. LL stated that due to Christmas/New Year holiday she will have a quote to me only by end Jan. Haven't heard from LL since, sent an e-mail asking for return of the deposit and in response got the aforementioned charges.
The story thus far. I am now trying to put together the letter before action as ADR is not available as the required time period had lapsed.

corbyboy

anyarella wrote: »

The actual sum of money, as far I have been able to gather, is in the LL possession and has been since day one. Since an insurance based scheme was used to protect the deposit, the scheme doesn't actually hold the money.

At first, when LL was just claiming damaged sofa for up to £300 and still willing to refund rent, I was willing to concede the matter as It was too much hassle to fight it at the time. LL stated that due to Christmas/New Year holiday she will have a quote to me only by end Jan. Haven't heard from LL since, sent an e-mail asking for return of the deposit and in response got the aforementioned charges.
The story thus far. I am now trying to put together the letter before action as ADR is not available as the required time period had lapsed.

Wow, I didn't realise that. What's the point of a deposit protection scheme if the landlord gets to keep hold of the cash?

anyarella

corbyboy wrote: »

Wow, I didn't realise that. What's the point of a deposit protection scheme if the landlord gets to keep hold of the cash?

I think insurance based schemes match the deposit if there is a dispute.

N79

corbyboy wrote: »

Wow, I didn't realise that. What's the point of a deposit protection scheme if the landlord gets to keep hold of the cash?

The LL is obliged to insure the deposit. If the OP had followed the scheme rules (as communicated to them by the scheme) and asked for the deposit back within 3 months then the insurance scheme would have paid up (assuming the LL did not). However, the OP did not follow the rules (presumably the LL strung things out hoping the OP would not realise the consequences but the scheme would have told the OP what they needed to do as well) and thus they can no longer use the protection scheme.

anyarella

From what I gathered there are two routes, Money Claim online which is N1 form I believe there is a different form N-something else.
Also I wonder if anyone knows the time scale for this dispute. The reason I ask is that I am currently residing abroad and will have to fly in for the proceedings, just wondering how many times that may be.

N79

anyarella wrote: »

From what I gathered there are two routes, Money Claim online which is N1 form I believe there is a different form N-something else.

No - you use either form N1 or money claim online which is the online version of N1. You will also need to fill in an allocation questionnaire. You should not use any other form.

Also I wonder if anyone knows the time scale for this dispute. The reason I ask is that I am currently residing abroad and will have to fly in for the proceedings, just wondering how many times that may be.

Could be 3-6 months with between 1 and 3 hearings, depending on progress (allocation, initial and final in the worst case). Probably only 1 real hearing though with allocation being "virtual" assuming the amount is well below GBP5000. Potentially more if your address for the LL is iffy (so that they pop up after the hearing and claim to not have received the court's notices) or if you have to take enforcement action.

You will need to provide the court with an address in England and Wales at which your LL can serve notices on you.

anyarella

Probably only 1 real hearing though with allocation being "virtual" assuming the amount is well below GBP5000.

Would I have to be personally present for the hearing?
What do you mean by 'virtual' as the amount in my case will be less that £5000.

I have two addresses for LL,business address as LL has a company which rents out properties and a personal one. Would then the claim be addressed against the legal entity or LL as a private person, or it doesn't play into this?

Which in your opinion is better? Would it affect the manner of my claim? Could I also e-mail LL the lba, as well as sending it?

RAS

Is your rental agreement with the company or the person? That defines who you should be suing.