Break clause during 6 mth AST - question

G_M

always_sunny wrote: »

Who's the other party on your AST? The LL or the LA?
If the LL name and signature is on it, then they are responsible for the deposit, whether or not they commission someone else to do it, it's irrelevant to you.

Also, you would have paid the deposit where you were instructed to by the LA. Would you have been given the keys if you hadn't paid the deposit? Doubt it.

Not quite.

If the landlord's name is on the contract as the named landlord, then he is liable - even if the agent signed it on his behalf, as his 'agent'.

CDESPO

Quick Update following the LBA sent to the landlord.

- Spoke to MyDeposits and confirmed that protection was not only late but invalid as registered as SPT rather than AST.

- This meant second tenancy was also in breach so now had no option of using ADR and two separate breaches of Housing Act deposit rules

- Wrote to the landlord and explained this new development, offering them another chance to make a settlement offer

- Landlord then shut off communications with me and would only speak to the agent. Agent came back and tried to tell me I had it wrong and I should use ADR. Got MyDeposits to confirm with them at which point got an email from agent saying LL was willing to return balance of my deposit on condition I accept it as full and final settlement.

- Went back to agent and explained that I needed that in writing from the LL confirming that they viewed all matters closed before I could accept it as settlement bearing in mind I had ZERO written communication of this agreement from LL - just word of mouth from agent. Also LL had earlier indicated over the phone that they 'knew' they were in the right and would pursue the deposit money in court . Was not going to agree to anything in writing to LL given their past behaviours and likelihood they would start a separate claim against me

- Landlord dug his heels in and then went back on agreement to return the deposit saying unless I wrote that I accept it as Full and Final Settlement and make no demands of him to put anything in writing he wasn't going to let the agent release the money to me. His reasoning.....I might take the money but still take him to court for the compensation claims??? Plus he want sot counterclaim on £400 of deductions (for which I have provided evidence refuting already)

- Politely explained to agent and landlord that the logic didnt really stack up as by refusing to return the deposit it forces me to pursue it in court alongside compensation claim.

So now I need to just file the claim unfortunately. I gave them every possible chance to settle with just returning the deposit and it seems as a matter of pride the LL is refusing to put in writing he considers the matter closed!

He also still seems to be taking the position that I can't put the deposit compensation claims against him because the agent made the mistake! Oh well on to the next stage!!

G_M

Go to court.

Landlord will then learn that he cannot delegate his legal liability to his agents.

Though of course he may be able to sue them, seperately, if he wishes, for breach of contract given that he paid them to do things (register deposit etc) which they failed to do. But that is none of your concern.

CDESPO

Yep absolutely. I'm pulling all the documentation together now to file it.

Will update again after the case!

CDESPO

One additional question - I've a related thread on the landlordzone forums where i had asked the same questions

http://www.landlordzone.co.uk/forums/showthread.php?75416-Question-about-the-small-claims-process-re-deposit-protection-amp-supporting-evidence/page2

I had assumed that the right process was a Part 8 procedure via the county court claiming the return of the deposit plus a penalty payment for the deposit breaches

One poster on there has suggested that I cloud use the moneyclaim online route via the small claims route (Part 7, n1 form) to ask for return of deposit and penalty relating to deposit breach - as in reality the small claims route may enforce the penalty as well. The judge may push it into the other track, but equally may deal with it at small claims level?

I had understood that the moneyclaim/small claims route can't be used for deposit return claims and especially not for the DPS penalty claim. Have I misunderstood this?

CDESPO

Hello folks. Quick update - I ended up instructing solicitors on this as I felt there was too much scope for messing up something procedural and letting him off the hook.

Went with a local firm who would have name recognition and they agreed a sensible fee structure (based on a percentage of the penalty).

We filed all the papers a few weeks back and the landlord ended up settling out of court. We filed on two claims for both AST breaches plus return of the remaining deposit and so the LL would have been on the hook for some serious penalties plus costs if he allowed it to go to court.

He settled out of court after the court filed papers on him and I was very happy with the settlement agreement (can't say how much it was though)

Thanks for the input and help on here and I'm glad it's over - just in time for xmas as well!

G_M

Glad it worked out and thanks for updating us.