TDS advice - joint / single claimant

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    TDS advice - joint / single claimant

    Hi all,

    I wonder if someone can offer me some advice?

    I'm starting proceedings against my landlord as he only returned part of my deposit, deducting varous amount for 'invisible' damage and I found out the money wasn't in any TDS scheme.

    I'm sending the N208 claim form off together with copy of my AST contract, emails from the three schemes confirming moeny wasn't held with them and a copy of the LBA I sent.

    The tenancy was in joint names of me and ex-gf (she moved out few months before I did) and I paif her the full deposit amount she paid at the start of the tenancy (half the overall amount). I contacted he about the fact Iwas taking landlord to court and she wasn't interested in participating.

    My question is , do I have to name her as a joint claimant or just co-tenant?

    This is my proposed language on the form:

    The Claimant together with 1 other person were the assured shorthold tenants of the property known as xxxxxxxxxx and the defendant was the Landlord. The joint tenancy agreement was dated 29 September 2007 and ended on 29th July 2008. The claimant and his co-tenant paid the defendant a deposit of £1050 on 29 September 2007.

    The Claimant claims under section 214(1)(a) of the Housing Act 2004 that the deposit was not paid into an appropriate tenancy deposit
    scheme (in breach of section 213(1) of the Housing Act 2004)

    And the Claimant asks that the court make an order:

    1. That the defendant do repay the portion of the deposit that has been witheld (£900) to the Claimant, in accordance with section 214(3) of the Housing Act 2004.

    2. That the Defendant do pay to the Claimant, within 14 days of the making of the order, a sum of money equal to three times the amount of the deposit, in accordance with section 214(4) of the Housing Act 2004.

    The Claimant is thus seeking payment of £4050 plus the court fee.



    Does this sound ok? Is there anythig else I need to send to the court as evidence?

Latest Activity

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    by mariner
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    29-03-2020, 02:10 AM
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    by flyingfreehold
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  • Reply to Asking for 35% off rent
    by AndrewDod
    This is not likely to be valid or easy employed. It does not sound like a deed. What witnesses were there? How many witnesses and who were they? Do you have proof of ID for the Guarantor and witnesses?

    But yes, they are most likely chancers using the law to try to diddle you.
    ...
    28-03-2020, 21:15 PM
  • Asking for 35% off rent
    by Lillylisa
    Hi. I am a fairly new landlord and I only own one property. About a month ago I reached out to my tenants asking if they were okay and if they wanted to get in contact with me please do. Three days later they contacted me to ask for a massive reduction in the rent asking for 35% off. I have no issues...
    28-03-2020, 16:20 PM
  • Reply to Asking for 35% off rent
    by Snorkerz
    Then unfortunately, you will have difficulty enforcing the guarantee (unless your guarantor is named as a tenant or the tenancy agreement is executed as a deed). The reason for that is because

    With your tenancy agreement
    • You give the tenants a tenancy, they give you rent (consideration)
    • Guarantor
    ...
    28-03-2020, 21:13 PM
  • Reply to Asking for 35% off rent
    by Lillylisa
    Ps I’m unable to edit the original. Sorry so long winded. I have a visual impairment & have to use voice dictation. It’s awful!...
    28-03-2020, 21:06 PM
  • Reply to Asking for 35% off rent
    by Lillylisa
    To be clear: the guarantor signed the contract which has a section called The Guarantor which clearly lays out his/her legal liabilities. In this case, he is liable for all the rent not just for his nephews. I’m sure they would not want this to fall to him. They have been very good tenants so far....
    28-03-2020, 21:02 PM
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