Claim against landlord or lettings agency?

azure2444

I've recently ended an assured shorthold tenancy (2 weeks ago) and the letting agency has informed me they are with-holding most of my deposit for redecoration. It is a long story, but this isn't fair.

I understand I can either choose to dispute this through the deposit protection scheme, or use the small claims court.

I'd rather use the small claims route as I am more familiar with this. The trouble is, my landlord lives abroad and the property was managed by the lettings agent.

When I make a claim, should I claim against the landlord using his overseas address, the UK lettings agent, or both? Or should I issue the claim against the landlord 'care of' the lettings agent?

Also, if I am successful, are costs awarded to me? And how would I recover the funds - would the Deposit Protection Scheme pay out if the landlord reneged on a court order?

Lots of questions I know. Would appreciate any advice. Thanks

DRP

azure2444 wrote: »

I've recently ended an assured shorthold tenancy (2 weeks ago) and the letting agency has informed me they are with-holding most of my deposit for redecoration. It is a long story, but this isn't fair.

I understand I can either choose to dispute this through the deposit protection scheme, or use the small claims court.

I'd rather use the small claims route as I am more familiar with this. The trouble is, my landlord lives abroad and the property was managed by the lettings agent.

When I make a claim, should I claim against the landlord using his overseas address, the UK lettings agent, or both? Or should I issue the claim against the landlord 'care of' the lettings agent?

Also, if I am successful, are costs awarded to me? And how would I recover the funds - would the Deposit Protection Scheme pay out if the landlord reneged on a court order?

Lots of questions I know. Would appreciate any advice. Thanks

I would reconsider. I can't imagine the court will look to kindly on you ignoring the DPS arbitration process ?

benjus

Have a look here first (don't know which scheme you're under, but should give you an idea):

http://www.thedisputeservice.co.uk/resources/files/What%20happens%20when%20the%20Court%20is%20involved%20in%20a%20tenancy%20deposit%20dispute.pdf

Personally I wouldn't consider going to court unless it came under one of the categories that the deposit scheme can't cover...

azure2444

DRP wrote: »

I would reconsider. I can't imagine the court will look to kindly on you ignoring the DPS arbitration process ?

Thanks, but I thought you were free to use either process and both routes were entirely acceptable?

My DPS literature expressly says you are free to go via either route.

G_M

You can indeed use either route, but I too would advise you touse the deposit scheme dispute process.

However:

* Your claim is against the landlord
* you serve noticeson him at the UK address provided (usually on your tenancy agreement) for that purpose
* If no address was provided you did not need topay rent (LL & Tenant Act 1987). Bit late now for that though
* You can, and probobly should, join the agent as co-defendant
* if you win, and the LL still does not pay, you enforce payment in the usual way (which you are familiar with)

Mr_Pitiful

azure2444 wrote: »

Thanks, but I thought you were free to use either process and both routes were entirely acceptable?

My DPS literature expressly says you are free to go via either route.

You can't be forced to use ADR, though it's normally seen as a simpler and quicker route, with the burden of proof still being on the LL to justify any deductions. My choice would be ADR.

azure2444

G_M wrote: »

You can indeed use either route, but I too would advise you touse the deposit scheme dispute process.

However:

* Your claim is against the landlord
* you serve noticeson him at the UK address provided (usually on your tenancy agreement) for that purpose
* If no address was provided you did not need topay rent (LL & Tenant Act 1987). Bit late now for that though
* You can, and probobly should, join the agent as co-defendant
* if you win, and the LL still does not pay, you enforce payment in the usual way (which you are familiar with)

Thank you, very helpful.

However, no UK address provided - only an overseas address on the tenancy agreement (apart from the lettings agent address for property management purposes). Therefore, I can't see how I could enforce payment if it came to that.

azure2444

Mr_Pitiful wrote: »

You can't be forced to use ADR, though it's normally seen as a simpler and quicker route, with the burden of proof still being on the LL to justify any deductions. My choice would be ADR.

I didn't realise about burden of proof - thank you.

One of the reasons I was going to choose the small claims route was because it gave me more control.

Some of the evidence was verbal and I cannot prove it. The small claims route could force email and written document disclosure if I chose to ask for an order if the other side were reticent at document disclosure.

I rented a flat in a very poor condition. I agreed to reduced rent if I also agreed to putting up with the old carpets and marks all over the walls. An inventory was done at check in and check out.

The marks were terrible, but fair enough, we got a rent deduction. We decided to paint over the marks in the same colour to reduce their poor appearance (the landlord had given us permission to redecorate if we wanted to, and we completely redecorated the hall and painted some of the woodwork).

We chose the colour from the flat's document pack - Dulux matt emulsion Magnolia, and bought the paint. However after we'd been around touching up all the bad marks on the walls, we were surprised to see the colour did not merge into the background colour upon drying. It was darker. Therefore we are left with splotches all over the walls.

My argument is that a) the flat needed redecoration anyway, so there is no extra cost to the landlord - it is horrible marks vs horrible splotches b) we used the colour specified in the property's document pack c) the lettings agent told us it needed redecoration anyway at the start of the tenancy d) £840 deduction is very high for 3 rooms emulsion painting.

I just feel we have more control and more chance to state our case and get evidence from a small claims court, but i'm already being swayed the other way and open to comments. Thanks again everyone for your advice

G_M

azure2444 wrote: »

Thank you, very helpful.

However, no UK address provided - only an overseas address on the tenancy agreement (apart from the lettings agent address for property management purposes). Therefore, I can't see how I could enforce payment if it came to that.

You could have saved yourself a lot of rent then!

Was there really no statement ever given to you in writing, either on the TA or seperately, informing you of the address to use "for the serving of notices"? :eek:

I can only suggest you sue the LL and agent jointly, at the agent's address.

However- it's another reason to use the dispute process.

edit: googling 'sample ast' the 1st result was this.

Note the wording by landlord's name on page 1.

azure2444

G_M - I am sorry, I have just checked. Whilst my agreement looks slightly different to the link you have, it does have the landlord's address as 'c/o the lettings agent, steet, town, postcode'. However it says nothing about for the serving of notices (at least on the first few pages)

If I did go down the small claims route, would that be the address where I could ultimately recover any award made to me?

G_M

azure2444 wrote: »

G_M - I am sorry, I have just checked. Whilst my agreement looks slightly different to the link you have, it does have the landlord's address as 'c/o the lettings agent, steet, town, postcode'. However it says nothing about for the serving of notices (at least on the first few pages)

If I did go down the small claims route, would that be the address where I could ultimately recover any award made to me?

By law, it should have had a specific statement similar to the one I showed you.

However, the remedy if it is missing is 'rent is not due' till it is provided. As I said- a bit late now!

If that is the only address you have can I diplomatically suggest you'd be a darn fool to invent another one?