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Landlord lives abroad-advice about getting deposit back.

We have a dispute with an ex-landlord about return of our deposit. We have dealt with his father up to now (he lived near the rental house) however our contract is in his sons name and he lives and works in Dubai. Looks like we are going to court-do I use his father's address-obviously I don't have an address in dubai or any way of finding it out? If it goes to court will he be summened to appear from Dubai-ooh that would be sweet!
Thanks.
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Comments

  • Doozergirl
    Doozergirl Posts: 34,058 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Someone will know more than me but I'm sure I read that the same rules don't apply if your landlord is not resident in the UK. Apparantly it's very important to have a UK address for them. I think you might struggle :o
    Everything that is supposed to be in heaven is already here on earth.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    You should have a UK address to serve your landlord. This is the address you need to correspond to.

    Let his father know of your intentions, and he may sort it out after speaking with his son. It should be cheaper to settle with you than to come back from Dubai to defend the case.

    If he doesn't attend the court date, the most likely outcome is that he will lose by default.
    Well life is harsh, hug me don't reject me.
  • shamac
    shamac Posts: 415 Forumite
    The arla.co.uk website states that there are "several pieces of law" which state that your landlord must supply a name and address -does anyone know what these would be?
  • shamac
    shamac Posts: 415 Forumite
    have just looked at our tenancy agrrement-and it has the sons name throughout but on the page entitled "landlord's contact information" it has his fathers information. Does this make a difference?
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    Since you are no longer a tenant, there is no obligation to provide an address.

    Write his father with a copy of the agreement with his name on it, and tell him that you are taking him to court if it isn't sorted out in 'x' days.
    Well life is harsh, hug me don't reject me.
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    shamac wrote: »
    The arla.co.uk website states that there are "several pieces of law" which state that your landlord must supply a name and address -does anyone know what these would be?

    There are various Landlord and Tenant Acts however the landlord has complied and given you an address in England and Wales to service notices on, so you service them at that address. (You cannot service notices on a non-English/Welsh address)

    However you have to consider whether you will get your money back, as the landlord if they decide to permanently live aboard will not care if they judgements against them.

    BTW the dad is acting as an agent for the son. So you need to go after the son. If you only go after the dad you could get your case thrown out on a technicality.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • mightymouse
    mightymouse Posts: 319 Forumite
    Part of the Furniture Combo Breaker
    However you have to consider whether you will get your money back, as the landlord if they decide to permanently live aboard will not care if they judgements against them.
    If the rented property still belongs to the landlord then ulimately the tenant on winning could go for a charging order, the costs would be added.
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    If the rented property still belongs to the landlord then ulimately the tenant on winning could go for a charging order, the costs would be added.

    To get a charging order the amount has to be over £1000. Lots of small claims judges don't like doing this and throw out cases for charging orders with no explanation.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • mightymouse
    mightymouse Posts: 319 Forumite
    Part of the Furniture Combo Breaker
    Hi

    Thanks for the info
  • irnbru_2
    irnbru_2 Posts: 1,603 Forumite
    olly300 wrote: »
    BTW the dad is acting as an agent for the son.

    The OP can contact the Inland Revenue and inform them that the father is acting as a Letting Agent and you don't beleive he's declaring any income from it.
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