small claims court ( tenency deposit)

pogu

I had an issue regarding the tenency deposit at the end of my tenency with a high street property management agency ( through whom I rented). We couldn't agree on the charges and I approached the small claims court. I never saw my landlord in the whole of my tenency ( 1.5 years) and never dealt with him. I always dealt with the agency. I asked them the landlords address to which they said it was through them. So I raised a claim against the landlord with the address as the property management agency. The claim was successful as the agency didn't respond. But the warrent was rejected with the reason, the person cannot be found at that address. So, I am back to square one. I have the following questions:
1. The landlord's address according to the agency is through them.
2. The landlord cannot be found there, which is true.
3. Should I raise a claim against the Property management agency itself? Does this mean the defendent is the Property management agency and not the landlord?

In short, my question is who is the defendent?

Can someone please help in this regard? I can't get any help regarding this from CAB or the small claims court customer services.

I guess the agency knew this would happen (that the warrent would be rejected ) all along and thats the reason they never bothered to respond to my claim.)

subjecttocontract

I was under the impression that it is a legal requirement for a landlord to provide an address where notices and legal documents can be served and that where necessary agents are required to provide the landlords contact address.


Landlords living abroad usually have their agents address on the AST.

1. What address was on your AST ?
2. See a solicitor and add the costs to your claim

BrixMorta

It is legal requirement under section 48 of landlord & tenant act 1987 for the landlord to provide an address to where proceedings can be served, however, it must be within england & wales & does not have to be that of the landlord.

Were there any renewals of tenancy during this period or did it become periodic. If a new fixed term was granted after April 07 the deposit should have been protected.

MissMoneypenny

"All landlords have to give their tenants their name and a UK contact address. If the property is managed by a letting or property agent, they must also provide you with the landlord's full name and address.
Any requests should be made in writing, you should also keep a copy of the letter and send it by recorded delivery, if you want proof of postage. If you don't get a reply in writing within 21 days of them receiving your letter, the landlord is committing a criminal offence.
Your next step could be to report your landlord to your local council's tenancy relations officer (TRO). TROs can get involved in disputes between landlord and tenants and can even prosecute the person who does not provide this information."
http://england.shelter.org.uk/advice/advice-3181.cfm#wipLive-17064-6

pogu

Thanks everyone for your response.

I'll take it up with the local council TRO as suggested by 'MissMoneypenny'

Thanks everyone once again.

Debt_Free_Chick

Check the tenancy agreement - the address at which notices are to be served is often in the agreement