Claim against landlord or lettings agency?

azure2444

G_M wrote: »

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?

haha - OK!

No worries regarding rent not due until provision, but good to know for the future (however, even then I'm not sure if I would state it because the start of a tenancy often involves negotiation and building trust).

Sorry to be a pedant here, but are you saying that months down the line, if I was successful at small claims, and the landlord didn't pay, I could use this c/o letting agents address to call the bailiffs to? Don't mean to sound extreme, but there is no point in going down the small claims route if there is no ultimate prospect of recovery.

benjus

Why are you so concerned about sending out bailiffs?

If you first raise a dispute with the deposit protection scheme, the landlord/LA will be obliged to send them the deposit (unless it's the custodial scheme, in which case they will already have it). If they fail to do this, I believe the deposit scheme would put up the money themselves, then pursue the landlord for it separately. Then you would inform the deposit scheme of your intention to use the Courts, and get the Court to instruct the deposit protection scheme to return the deposit to you. Did you read the link I posted earlier?

azure2444

benjus wrote: »

Why are you so concerned about sending out bailiffs?

If you first raise a dispute with the deposit protection scheme, the landlord/LA will be obliged to send them the deposit (unless it's the custodial scheme, in which case they will already have it). If they fail to do this, I believe the deposit scheme would put up the money themselves, then pursue the landlord for it separately. Then you would inform the deposit scheme of your intention to use the Courts, and get the Court to instruct the deposit protection scheme to return the deposit to you. Did you read the link I posted earlier?

Yes, I recognise this is a benefit of using the DPS. I did read your link, thank you. Did you read my post made at 7.06 above? It gives some reasons why I questioned which was the best route to take in my circumstance.

Who is concerned with sending in the bailiffs? Certainly not me. I simply realise there is no point in making a small claims court claim if there is no ultimate prospect of recovery.

benjus

azure2444 wrote: »

I simply realise there is no point in making a small claims court claim if there is no ultimate prospect of recovery.

My point is that the recovery would be from the deposit scheme, not the landlord. I doubt you'd have any problems with them not complying with a court order.

G_M

azure2444 wrote: »

Sorry to be a pedant here, but are you saying that months down the line, if I was successful at small claims, and the landlord didn't pay, I could use this c/o letting agents address to call the bailiffs to? Don't mean to sound extreme, but there is no point in going down the small claims route if there is no ultimate prospect of recovery.

The bailiffs, ofcourse, could only seize property belonging to the defendant against whom you have won the case.

If the agent was a co-defendant, and was also found jointly liable by the court, then yes, bailiffs could seize from the agent.

If the judge found the LL liable but dismissed the case against the agent, then the bailiffs could not seize from the agent.

Enforcing against an overseas/absent LL would be hard, unless you can identify assets in the UK.

You could, of course, get a Charge placed against the property itself, so that when it was ultimately sold you would get paid out of the proceeds.

Or, as benjus says, the court would likely order the deposit scheme to release the deposit. :T

azure2444

G_M wrote: »

The bailiffs, ofcourse, could only seize property belonging to the defendant against whom you have won the case.

If the agent was a co-defendant, and was also found jointly liable by the court, then yes, bailiffs could seize from the agent.

If the judge found the LL liable but dismissed the case against the agent, then the bailiffs could not seize from the agent.

Enforcing against an overseas/absent LL would be hard, unless you can identify assets in the UK.

You could, of course, get a Charge placed against the property itself, so that when it was ultimately sold you would get paid out of the proceeds.

Or, as benjus says, the court would likely order the deposit scheme to release the deposit. :T

Thanks, very helpful.

On balance, I'm much more likely to use the DPS now.

One thing that concerns me is that with the small claims court you effectively get 3 times to put your case: in the particulars of claim, in your witness statement, and at the hearing. This gives plenty of room for to-ing and fro-ing of evidence and arguments - and document exchange. The truth begins to get distilled.

It seems to me the DPS has just one shot for the tenant to make his/her case - at the outset when they submit their case and evidence. Then the landlord submits his case and evidence (and has the last word). After that the adjudicator decides.

So, on the face of it, and from someone who has never used this scheme but has successfully used the small claims court, I do have some anxieties.

[Deleted User]

azure2444 wrote: »

It seems to me the DPS has just one shot for the tenant to make his/her case - at the outset when they submit their case and evidence. Then the landlord submits his case and evidence (and has the last word). After that the adjudicator decides.

So, on the face of it, and from someone who has never used this scheme but has successfully used the small claims court, I do have some anxieties.

You can always go to small claims after if you're not happy with the DPS result.

G_M

Of course, the court route also involves costs & fees.

If you win, you can claim these, but again, if theLL is abroad, you might be awarded the release of the deposit but then have to give up on the costs.

azure2444

Just as an update to this, I decided to use ADR in the end, and have submitted evidence to the Deposit Protection Scheme. I may end up using the small claims court in the end if the landlord refuses to use the scheme. We'll see.

There is something quite satisfactory about putting it into the hands of an independent adjudicator. OK, I have no right of appeal and arguably less control over the process, but now I can let the process take over and see where the cards lay when they fall. Should be interesting. Thanks everyone for your advice.

bouncydog1

Why don't you get a second estimate for decorating?