Secure deposit county court application: Letting Agent or Landlord?

Vanmorgan

Hello,

This is my first post and good advise would be much appreciated.

I am a tenant with an Assured Shorthold Tenancy Agreement and my Letting Agents have failed to protect my deposit in a secure deposit scheme. It has been 6 months since my tenancy agreement began.

I am making a County Court application under section 214 of the Housing Act 2004. However, I am unsure as to whether I should be entering the Landlord as the defendent, or the Letting Agent

The Tenancy agreement is signed by the senior member of the Letting Agency.

Could someone please advise who I should be making the claim against - Landlord or Letting Agency? and if it is the Letting Agency, should I enter the defendent as a firm, or an individual (the senior letting agent who signed the contract)?

Many thanks

Wee_Willy_Harris

Woah, woah, woah!!!! The non compliance with the tenancy deposit regulations (have you checked the schemes, by the way) means that you are currently immune from the dreaded S21. Why be in such a hurry to go to court. All that will probably happen if you do issue papers is that the LL will protect the deposit and you will be no better off financially and worse off from a security of tenure point of view. I'd give the matter some very careful thought before rushing in to annoy your LL/agent. Recent court decisions do nothing to inspire any certainty that you will get the 3x penalty and may cause you more problems than the LL. (It's the landlords responsibility, ultimately...... if you must).

Werdnal

Wee Willy I just thought the same reading OP's post. There have been a couple of recent court decisions which threw out the 3x penalty. So long as the LL protects the deposit prior to the hearing, your court costs, hassle and time will be wasted, and you will probably get a S21 landing on your doormat the following day.

Are you definately sure it is not protected? Just because LL/LA may not have given you any confirmation, it could be nicely tucked up in a scheme, or even in the LA's account, but safeguarded through one of the insurance based policies.

Have you discussed this with the LA/LL and asked them the question?

Seems a bit like putting the cart before the horse to me!

G_M

To answer the question - your contract is with the landlord and the obligation is his. The LL should have provided an address for the serving of Notices (usually at the end of your tenancy agreement). Use that.

However the pounts raised above are valid so think hard. And certainly attempt to resolve amicably through negotiation before resorting to the courts.

Vanmorgan

Hi, and thanks very much for the advise. If I could clarify my situation, I'd value any further advice you have on going ahead through the county courts...

After requesting the deposit scheme details several times (be they insurance or not) the Letting Agents have continually stalled, and finally admitted they have not protected the deposit. Further, I have come to the end of my contract after giving notice, and they claim they do not have my deposit at hand to return as it is tied up in another business investment!

Is it still advisable to make a CC application?? By the time the hearing goes through my contract should be terminated. Could the Letting Agency still protect my deposit in this case and immunise themselves from the *3 penalty??

Again many thanks!

may_fair

Recent court of appeal judgments mean it is extremely unlikely you would win a claim under s.214.

See Gladehurst v Hashemi, and Tiensia v Universal.

In addition, s.214 claims are not allocated to the small claims track, but to the multi track. See this link. Court fees in the multi track will be in excess of £1,000, and you'll be exposed to the defendant's legal costs.

If you are determined to pursue the claim, then you must not do it without taking specialist legal advice. In another recent case, Potts v Densley, the tenant lost essentially because she failed to correctly plead her original claim. She ended up many thousands of pounds out of pocket.

jjlandlord

Vanmorgan wrote: »

Further, I have come to the end of my contract after giving notice, and they claim they do not have my deposit at hand to return as it is tied up in another business investment!

This is none of your concern.
As the responsibility of your deposit lies with your landlord, I would send him a letter before action with the details of his agent's incompetence, then sue him for the money (just a simple money claim to get the deposit back).

Alternatively, have you still got rent to pay? Or did you already pay last month's rent?
If you still owe rent you might want to consider not paying it and telling the agent that he can keep the deposit in lieu of rent (if amounts match).

may_fair

Also worth pointing out that if OP brings a claim for return of deposit ONLY (not the 3x claim) then this cannot be started until after the tenancy ends as the deposit's not due to be refunded till then.

And whatever the agent is saying, at this stage there is no way of knowing whether LL will or won't refund the deposit after the tenancy ends.

G_M

Vanmorgan wrote: »

After requesting the deposit scheme details several times .... and finally admitted they have not protected the deposit.

Again many thanks!

Did they admit this in writing?

Either withold the last months rent as advised above (but balance up the amounts), or wait till you move out, then write to the landlord (cc the agent) giving him 7 days to refund your deposit.

If you don't get it, start an action in the Small Claims Court for the deposit. Forget the 3 times.

Unless of course the LL makes (valid) deductions for damage etc.