Previous LL has moved...deposit in dispute

Delta_1984

Hi All,

Last year we moved out of a property and the LL claimed for a few things from the deposit which I believe are completely unjustified. I therefore refused them and wrote a very detailed letter to the agent explaining why. The original inventory was out of date when we moved in, and when I say out of date I mean some rooms had been completely re-done! I corrected it and sent it back to them. When we moved out we were charged for things like holes in the walls which we didn't do. Apparently the new tenant moved in and requested them to be filled and they tried to charge us. I have never seen an invoice for this work despite requesting it. I offered to go to ADR (DPS) but it was refused, and the agent is telling me all deposit despots are between LL and tenant, but won't tell me the LL address as I'm no longer a tenant they're not obliged to tell me? I can't even get the £400 that's not disputed back

The thing is that the LL has moved since, and I don't have their address so I can't contact them. I've been advised to send a letter before action and then go to small claims. Can anyone on here advise how I might be able to get an address for the LL? Thanks in advance.

RAS

England, Wales, Scotland?

Was the deposit ever registered. Were you given the prescribed information?

Have you checked who owns the property via the Land Registry (£3-4)?

Delta_1984

Thanks for the reply so fast!

England, registered with DPS, and didn't know about Land Registry, thank you.

theEnd

Delta_1984 wrote: »

Thanks for the reply so fast!

England, registered with DPS, and didn't know about Land Registry, thank you.

You should just go to DPS and claim your full deposit.

Delta_1984

I've tried claiming on DPS but the LL rejects it and also won't enter into ADR, called DPS and they said there's nothing they can do - I'll have to take it to SCC.

WRT Land Registry, I've just purchased the docs and they have the LL previous address.

mrginge

Inform the LA that you are starting legal action against both them and the LL as joint defendants.
Advise the LA that they are being included due to their refusal to provide the LLs details.
Send a letter before action to the LA and the LL at the address you currently have.

They will likely buckle to avoid the hassle.

G_M

As mrginge says.

'Letter Before Action' to agent and LL (at whatever address).

eturn of full deposit within 7 days or you will commence legal proceedings in joint names.

Then https://www.moneyclaim.gov.uk/web/mcol/welcome

Delta_1984

Thank you all for your advice.

RAS

You are required to serve notice on the LL at the "last known address." That is the address on the Tenancy agreement or that on the Land Registry. If they have not up-dated their LR details, tough.

Two copies of the Letter before Action sent from different post offices with free certficates of posting. Do not use signed for post.

Hopefully the LL has organised mail forwarding. If not, you will most likely have a CCJ against them for failure to defend. That might make them shift.

Delta_1984

Thanks RAS. Out of interest, why not use signed for post?

Pixie5740

They could refuse to sign for recorded delivery and so notice would not be served.