legal proceedings for deposit back

kanari

any advices plz

kanari

any help plz

kanari

advices plz

kanari

Hi,
here is the update
- the claim is now stopped and withdrwan , all I did is sent a request letter to the the court office by fax and by mail
- I managed to get the new LLS names and address and sent to them a letter before action , and today I recieved a letter from their solicitor saying that they dont have the deposit !!! and copy of the tenancy agreement on the name of the old LL
- before the claim was withdrawn I recieved a notification that the old LL has complited the defence form with a letter explaining that she dont have the deposit !!! and copy of the first page of the sale agreement

So now I will start a new claim against both the new LLS and the old LL , and claim only the deposit amount + interest
What do you think about all of this ? any advices will be much appreciated

DVardysShadow

Hmm. I would pursue the old landlord as part of a strategy [read on if someone is itching to say it is the new landlord].Old landlord is bothered enough to get a solicitor involved. So if you chase them first and ask for the deposit to be returned in full or confirmation that it is with the new alndlord, you have given them the handy escape route to point you at the new landord - which you should expect to get in writing.

This provides you with the evidence to close off the handiest get out for the new landlord - a claim form the old landlord that the deposit was ahnded on.

RabbitMad

Just submit your claim naming both old LL and new LL as co-defendants.

State the deposit you are owed and ask for its return plus interest plus the costs of bringing this action (not the old action)

State that you entered into a contract to rent xyz address from Old LL

State that old LL sold xyz to new LL

State that as you were never provided with details od assignment of old landlord’s interest, the old LL and New LL are joint and severably liable under section 3 Landlord and Tenant Act 1985

kanari

thank youuuuu so much for the advices rabbitmad & dvardysshadow , that was very helpful

Im preparing the forms and the documents and will submit the claim this friday

RabbitMad

pop your form up here first and let us have a read first

kanari

ok I will copy the particulars of claim here

kanari

this is what Im intending to put on the particulars of claim , I will add what rabbitmad said: State that you entered into a contract to rent xyz address from Old LL
State that old LL sold xyz to new LL

is it correct or should I remove/add something ?



In accordance with section 3 of the Landlord and Tenant Act 1985 co-defendants shall be jointly and severally liable to the tenants as both failed to serve a writing notice of landlord changeover to the tenants.


The Claimants claims that the deposit of £1450 required by the tenancy agreement originally dated [...] in respect of the premises at [....], made between the Claimants and the Defendants was not returned.

And the Claimants asks that the court make an order:

1. That the person who appears to the court to be holding the deposit do repay it to the Claimants, in accordance with section 214(3) of the Housing Act 2004.


2. The Claimants claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from ... to ... of £... and interest at the same rate up to the date of judgment or earlier payment at a daily rate of £...


The Claimants are therefore seeking payment of £1450 , plus the court fees and interest if the defendant 1 appears to the court to be the holder of the deposit.


The Claimants are therefore seeking payment of £1450 , plus the court fees and interest if the defendant 2 appears to the court to be the holder of the deposit.


The Claimant encloses copies of:

- the Assured Shorthold Tenancy Agreement signed on ... relating to the above named premises

- the receipt for the deposit

- the Letter Before Action sent to the defendants , The Claimants additionally requested the return of the deposit on numerous other occasions by telephone since the end of the tenancy, with no repayment forthcoming

- the checkout report confirming that the tenants have left the flat in good conditions

- the Notes for the Defendants