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Puzzled???

Sending a letter before action to LL to return deposit because of non protection.

Only issue is, (and we have had different advice on this) we know that our LL has moved from the address supplied on the Tenancy Agreement. There has been no formal change of address notice, but we have been informed by text message.

The solicitor has recommended sending letter before action/court claim to address we received by text, because she will receive it and respond. The Housing Officer at the council has sent letters to the LL using both addressess to be 'on the safe side'.

I'm assuming that all will be well in the end, however slightly worried that LL will have a defence that the form is not valid because service address is wrong and we will lose the £80 claim fee and have to start all over again. (For all we know she could be paying for redirected mail service?)

We have had conflicting advice from all the usual places CAB, Shelter, Council, Solicitors etc. Has anyone else had this problem and how did they overcome it?

Comments

  • If you've received no formal notification that your landlord's address has changed (and a text-message cannot be formal) then I think you should use the one on the tenancy agreement.

    Has anyone suggested that you send a copy of the LBA to both addresses plus a one to the property you rented?

    At the moment you are just sending a LBA, so I would worry about the address on the claim form later.
  • krlyr
    krlyr Posts: 5,993 Forumite
    Ninth Anniversary 1,000 Posts Combo Breaker
    I would send a letter to both - perhaps use a "CC" address on both letters to make it clear that the letter was sent to both the registered address and the new address.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Clearly you must use the address you've been formally given "for the serving of notices". (ie the original one on the tenany - a text notification is insufficient to change this)

    But clearly you should send a copy/copies elsewhere if you believe the LL is elsewhere.

    You cannot be penalised for sending too many letters to too many places, but you can be penalised for sending only one to the wrong address!

    And in each case, send two copies to each address, posted from two different post offices, and ask the PO for 'proof of posting' (NOT recorded delivery or any 'signed for' delivery.
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