Suing for 3x Deposit.

[Deleted User]

Hi,
I want to sue my exLL for non protection of my deposit. They (LL or Letting Agency) lied on the tenancy agreement saying deposit would be protected by one of the schemes but I have proof the deposit has never been protected.
I don't have the LL's address (despite asking many times during the tenancy period but have no proof of asking it) but I have the LA's address (also stated as LL's agent on the tenancy).
I have to take action very quickly because the 6 year period expires this August.
Question: Can I use the agency address? Will this be accepted in court?
I have already sent a letter to the agency and it was acknowledged but they said I have to sue the LL not them…however they were the ones managing the deposit and the property at that time.

Thanks in advance.

Pixie5740

It's the LL you had a contract, not the LA. It's the LL who was ultimately responsible for protecting your deposit.

Did your TA give the address for the serving of notices as LANDLORD'S NAME, C/O LETTING AGENT'S ADDRESS?

Although not foolproof, you could possibly get the address from the Land Registry.

fishpond

The LL is responsible for the deposit. End of.

[Deleted User]

Pixie5740 wrote: »

It's the LL you had a contract, not the LA. It's the LL who was ultimately responsible for protecting your deposit.

Did your TA give the address for the serving of notices as LANDLORD'S NAME, C/O LETTING AGENT'S ADDRESS?

Although not foolproof, you could possibly get the address from the Land Registry.

Yes, serve notice as above. I served the notice to leave by the way.
The land registry says the LL's address is the property address but the LL doesn't live there.

G_M

1) by law you should have been given an address for the landlord "for the serving of notices". Usually this is on the tenancy agreement.

2) the address in 1) above can be anywhere: LL's home, his office, c/o his mum, c/o his letting agent - as long as it is in England/Wales it does not matter

3) you sue the landlord at that address (that's why the law insists it is there!)

4) you can, and should, sue the letting agent jointly, especially as the agent is named on the TA

5) you say "the 6 year period expires this August." So when exactly did the tenancy start? When was it renewed (if ever)? When did it change from fixed term to periodic (if ever)?

6) the reason for Qs in 5) above is that the tenancy may pre-date the need for registration, in which case you will lose your case in court........

[Deleted User]

AST - Joint tenancy with (now) estranged husband
Tenancy Agreement start 18/10/08 - Deposit paid on the same day.
Fixed Term 6 months
Tenant's notice to quit sent by email on 11/07/11 and accepted and acknowledged by the agency by formal letter.
Tenancy ended on 17/08/11

jjlandlord

What so terrible happened that you still haven't moved on 4 years later?

Anyway, if your last tenancy ended in 2011 then you can no longer pursue the matter in court: You had to start proceedings before the end of the tenancy.

My advice would then be that it is high time to move on (you may still sue for return of the deposit, though if you think it was unfairly withheld).

[Deleted User]

jjlandlord wrote: »

What so terrible happened that you still haven't moved on 4 years later?

Anyway, if your last tenancy ended in 2011 then you can no longer pursue the matter in court: You had to start proceedings before the end of the tenancy.

My advice would then be that it is high time to move on (you may still sue for return of the deposit, though if you think it was unfairly withheld).

Are you absolutely sure? I thought I had 6 years from the time after deposit should have been protected to sue. It doesn't matter if tenancy ended already.

G_M

Deleted_User wrote: »

Are you absolutely sure? I thought I had 6 years from the time after deposit should have been protected to sue. It doesn't matter if tenancy ended already.

No.

That is true now, but until the Localism Act 2011 was implemented in 2012, action could only be taken by tenants during the tenancy.

The Act was not retrospective.

[Deleted User]

G_M wrote: »

No.

That is true now, but until the Localism Act 2011 was implemented in 2012, action could only be taken by tenants during the tenancy.

The Act was not retrospective.

Thanks but sorry, I am confused now.

[Deleted User]

No worries, I understand now. So I don't have a claim.

2 more questions (related to current tenancy now)

What happens if the LL changes address? My current LL haven't protected my deposit either. There is an address for him on the tenancy agreement. He then moved out of that address half way through my tenancy and for a long time I didn't know his address…I knew he had moved because he said so, he would live further away so he would probably take longer to come if we needed anything. I asked for his new address but he just confirmed we have correct phone numbers for each other and gave his email.
I now have his new address because he sent me a 'notice to quit'…but he claims he will move back in the property once I vacate (I don't believe by the way)…
My question is: If I decide to sue him once I move out, and I don't have his correct address, what should I do then?