How Can I Have Court Papers Served on my Landlord?

BlueBell2

da_rule wrote: »

Also, was the agent 'managing' the deposit or was it the landlord?

The LA was 'managing' the deposit. He fully manages the property on behalf of the LL. So the deposit is in a custodial scheme which was organised by the LA. Unless the LA & LL agree to use the schemes ADR process, which so far they havent, none of us get any money unless we go to court.

BlueBell2

da_rule wrote: »

If it's a care of address then serve it on that.

You need to send a letter before claim first though. I would send one to the LL at the c/o address and one to the Letting Agency, telling them that if they do not tell you the address of the LL you will name them as co-defendants. This might spark some action from them. No one likes being sued.

Yup, i was thinking i'd have to send it c/o, several copies by signed for and tracked post. Infact in the last letter from the LA he told me not to contact the LL by text, phone or mail unless it was through him. (I have the LL's phone number and tried to have a "reasonable discussion" with him recently but got nowhere).

I didnt know i could add the LA as a co-defendent, that would be a great bonus.
thanks

da_rule

Don't need to send signed for or anything like that. The Civil Procedure Rules don't call for it. Just get a free proof of posting from the Post Office.

Was the Agency responsible in any way for managing the deposit?

BlueBell2

da_rule wrote: »

Don't need to send signed for or anything like that. The Civil Procedure Rules don't call for it. Just get a free proof of posting from the Post Office.

Was the Agency responsible in any way for managing the deposit?

Yes the Agency was responsible for managing the deposit in that they took receipt of the deposit from us and 'sent' it to the custodial deposit scheme.

da_rule

Yeah, I'd name them as co-defendants too then. Purely because there seems to be confusion as to who is ultimately responsible, which therefore may need to be cleared up by the court (or evidence before the trial).

BlueBell2

Thanks for your advice da_rule. The LA is also either 'pretending' that he thinks the deposit scheme cant be authorised to return the undisputed element of my deposit or incompetently making that claim. I have my theories on that one.

da_rule

Just a word of warning, if you do serve the Letters Before Claim, and you intend to take the matter to court you will need to do it in line with your dates in the letter. Basically you can't use the letter as a threat and then not follow through then try to rely on it later.