Court Claim, Deposit Protection, Multiple Claimants

Onetap

A quick question, I hope.

My son rented a room in a student shared house with 4 other students. The landlord took deposits from all 5, did not protect the deposits and did not return any of the deposits at the end of the tenancy. The usual letters and e-mails have been ignored.

I am now completing a Court Claim Form (CPR Part 8). The question is whether in the details of the 'Claimant', can I list the 5 names and whether the claims will be dealt with as one claim, for which I'd pay one fee? It will be expensive if we have to pay the fee five times.

Thanks for any advice.

foxy-stoat

I doubt your son can collect the deposits of the other tenants from the landlord.

The landlord will have to pay the fees if found in the tenants favour....that could be another nudging point to state in your Letter Before Action to avoid the need to go to small claims court.

Onetap

foxy-stoat wrote: »

I doubt your son can collect the deposits of the other tenants from the landlord.

No, that's not what I'm trying to achieve.

I am going to sue the Landlord to recover my son's deposit (I paid it). We are in contact with three of the other students, another is abroad. They have agreed that I should complete the claim form for all four claimants and they will sign it. They're studying and don't have time for this. The claim will be for the deposits and compensation, to be paid to the four claimants. I'd prefer to avoid handling money that is owed to them, but my intention is to get them their money back.

I originally embarked on this thinking it would be a Money Claim on-line, but it has to be dealt with by a court hearing, with higher costs.

It is basically the same claim four times over.So the question is; can I complete one claim form with four claimants listed and pay one fee,

OR

must I submit four claim forms for the four claimants and pay four lots of fees?

Comms69

Onetap wrote: »

A quick question, I hope.

My son rented a room in a student shared house with 4 other students. The landlord took deposits from all 5, did not protect the deposits and did not return any of the deposits at the end of the tenancy. The usual letters and e-mails have been ignored.

I am now completing a Court Claim Form (CPR Part 8). The question is whether in the details of the 'Claimant', can I list the 5 names and whether the claims will be dealt with as one claim, for which I'd pay one fee? It will be expensive if we have to pay the fee five times.

Thanks for any advice.

Are you suing for the deposit; or the penalty; or both?


Yes you can name all parties on one claim, assuming it was a joint tenancy (most likely scenario)

Comms69

Onetap wrote: »

No, that's not what I'm trying to achieve.

I am going to sue the Landlord to recover my son's deposit (I paid it). We are in contact with three of the other students, another is abroad. They have agreed that I should complete the claim form for all four claimants and they will sign it. They're studying and don't have time for this. The claim will be for the deposits and compensation, to be paid to the four claimants. I'd prefer to avoid handling money that is owed to them, but my intention is to get them their money back.

I originally embarked on this thinking it would be a Money Claim on-line, but it has to be dealt with by a court hearing, with higher costs. - Just to be clear because I think you're confused. There are two claims - both are court hearings. Also remember the fees are recoverable as part of the claim. You can submit both apsects of the claim in a single case, with all the tenants named on it.

It is basically the same claim four times over.So the question is; can I complete one claim form with four claimants listed and pay one fee,

OR

must I submit four claim forms for the four claimants and pay four lots of fees?

The only issue you may encounter is that you are not a solicitor. You can only speak if the claimants are in the court at the time of the hearing as a lay representative.

Onetap

Comms69 wrote: »

Are you suing for the deposit; or the penalty; or both?


Yes you can name all parties on one claim, assuming it was a joint tenancy (most likely scenario)

I'm suing for the deposits and the penalty.

There were separate contracts for each renter and room, so it was a joint tenancy in that they were renting rooms in the same house.

It seems that the Landlord has tried to be sneaky, the contracts described the renters as lodgers.

Onetap

Comms69 wrote: »

The only issue you may encounter is that you are not a solicitor. You can only speak if the claimants are in the court at the time of the hearing as a lay representative.

Thanks, I am aware of that now; I wasn't initially.

Comms69

Onetap wrote: »

I'm suing for the deposits and the penalty.

There were separate contracts for each renter and room, so it was a joint tenancy in that they were renting rooms in the same house.

Nope. If they each signed a different contract it was not a joint tenancy. That means 5 claims.

Onetap

Comms69 wrote: »

Nope. If they each signed a different contract it was not a joint tenancy. That means 5 claims.

Darn; I was afraid of that.
Thanks for the advice though.

Comms69

Onetap wrote: »

Darn; I was afraid of that.
Thanks for the advice though.

To be honest have you told the LL the risks.


It's:
Deposit
+ upto 3x the value of the deposit
+ £300 in court fees
x 5


If you send him a letter outlining this and the fact he'd save £1500, he may decide to pay up

System

Onetap wrote: »

A quick question, I hope.

My son rented a room in a student shared house with 4 other students. The landlord took deposits from all 5, did not protect the deposits and did not return any of the deposits at the end of the tenancy. The usual letters and e-mails have been ignored.

I am now completing a Court Claim Form (CPR Part 8). The question is whether in the details of the 'Claimant', can I list the 5 names and whether the claims will be dealt with as one claim, for which I'd pay one fee? It will be expensive if we have to pay the fee five times.

Thanks for any advice.

Would depend if they were on a joint tenancy or individual one, if joint then all are claimants or if individual then each tenant would have to do their own.