legal proceedings for deposit back

may_fair

kanari wrote: »

The claim is against the person who received the deposit. If you paid your deposit to an agent, it
depends on whether they were “letting only”, in which case they should have paid your deposit to the
landlord and the landlord should protect it, or “managing agent” and directly responsible for protecting

the deposit. The law says that “landlord” includes anyone acting on the landlord’s behalf

Are you quoting this from somewhere? It seems to relate to claims under s.214 - and under s.214 you *can* claim against an agent.

This doesn't apply to a 'regular' claim for return of the deposit; it's the LL with whom you had a tenancy contract, not the agent. You can't claim against someone who isn't party to the contract.

kanari

yes the quoting is from here http://brunelstudents.com/files/minisites/4375/Deposit_Recovery_Pack%5B1%5D.pdf

kanari

the tenancy agreement I have is on the name of the old LL

kanari

this is the reply of the agent when I asked them to give me the name and address of the new owner :

We are managing ourselves the property and the new landlord is not involved in the management and day to day activities of the property.

RAS

Oh, dear. They are not very bright are they?

RAS

Hi

Go to the Land regsitry website on MOnday morning and download the details from there. It tell you who owns the house.

kanari

I am really so confused , I feel like I did it all wrong !!! should I continue on it and send the request for judgment and see what will happen , or amend the claim ?

I have this week end to think about it and decide what to do on monday : send the request for judgment or go to the court and ask if I can amend the claim ( because they dont answer the phone )

I really need more advices from experts to confirm what may-fair said to me about the agent and the 3x penality

RAS

may_fair wrote: »

As I said in post #5 and #11, you cannot claim against LL (or agent) under s.214 Housing Act 2004 after the tenancy has ended. You can only claim for return of the deposit.

may_fair is right; there was a court case earlier this year which effectively removed the three times penalty.

You can only reclaim the deposit.

You will lose and probably have to pay the LLs fees.

RAS

Read this http://nearlylegal.co.uk/blog/2011/05/eviscerated-now-also-drawn-and-quartered/ and check the judgement out on-line.

sandraroffey

this is so complicated. are you on benefits?? can you get this court order done for nothing????? hoping this all goes well for you. some landlords arent very nice people.