Serving papers for Small Claims (deposit return)

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Serving papers for Small Claims (deposit return)

    Our landlord has not returned our deposit and the agents have advised us to take it to the Small Claims Court, as it is totally unjustified.
    Since we vacated the property the landlord has moved, and therefore we have no current address to serve the papers to.
    Has anyone dealt with this situation before?
    Any advice would be greatfully received.
    Kind regards,
    Ruth

  • #2
    The agent is in fact acting above his station.

    He should not be advising you in any capacity as you are not his client, but if he is foolish enough to do so then send a letter addressed to the landlord c/o the agent stating they advised you to pursue him. I appreciate the agent is trying to be helpful, but if the landlord found out he might be in big trouble!

    As the agent will have his previous address then you could send it there or get the agent to forward it. Generally he should not be too difficult to trace but it might take time.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


    • #3
      Originally posted by Paul_f
      The agent is in fact acting above his station. He should not be advising you in any capacity as you are not his client, but if he is foolish enough to do so then send a letter addressed to the landlord c/o the agent stating they advised you to pursue him. I appreciate the agent is trying to be helpful, but if the landlord found out he might be in big trouble!
      Given that the agent is trying to be helpful to the tenant, why should the tenant go out of his way to dob in the agent to the LL, as you are suggesting? But in any case, if the agent doesn't know the LL's whereabouts anyway, how will writing this letter help the tenant find him?

      Or am I missing a point here?!

      Comment


      • #4
        Serve the papers to the last known address. That is good service for the county court.


        A little tip - use the land registry online search facility at £2 a go to check the address you have for the landlord and the address you rented - if they are still in the landlords name (which might also reveal a new address for service as well) then you can obtain a charging order against one or the other property.

        Comment


        • #5
          Thank you

          Thanks for the replies.
          Sorry, I had tried to keep the question brief and therefore the first bit is misleading. The agents have acted responsibly, but as stakeholders of the deposit they have said (in a Without Prejudice letter) that if we want to get our deposit back we will need to go to Court. They do think we are right to do so, and if you could see what the claims of the Landlord are, believe me so would you. They have advised their client, the landlord, that they do not have a good (or even legal!) case, and are very embarassed by the whole situation, but they can't do any more than that.
          We will be serving the papers to the last known address, and also advising the courts of the rental property address. We had been told that you cannot serve papers care of the agents. Hopefully this will be suffient and perhaps the court will enter judgement by default.
          Thanks again

          Comment


          • #6
            If the landlord is still a client of the agent, you can certainly send letters care of the agent, which the agent must then pass onto the landlord. Whether serving papers is different, I am not sure, but would not have thought so.
            Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

            Comment

            Latest Activity

            Collapse

            • When do tenants' requests go too far?
              Suzy76
              Tenants moved in at the beginning of the year and have issued a stream of requests/demands since then, the main ones being

              - After signing the contract but before moving in, requesting that I change the wallpaper in one room as they decided they didn't like the colour
              - Asking to...
              12-07-2017, 16:46 PM
            • Reply to When do tenants' requests go too far?
              Landlord1206
              If you trust the tenant I would allow them to decorate upon approval. To agreed specifications and at THEIR EXPENSE. This improves the property and keeps them happy. I have had this happen, new paint colour in lounge. More difficult in your case with a new tenant so I would have said wait and see....then...
              23-08-2017, 11:18 AM
            • Private letting advice
              xNicolex
              My partner and I have recently moved into a private let with our 7 month old son.
              now the flat was in a right state when we moved in - bathroom hadn't been cleaned, kitchen was a mess, oven absolutely caked in grease from the previous tenant (it still is, I refuse to clean it so I'm just not...
              23-08-2017, 08:28 AM
            • Reply to Private letting advice
              xNicolex
              Wannadonnadoodahl - a few of the issues were noticeable when we moved in, however the landlord reassured us they would be dealt with within a week or two, its now been 6 weeks

              JK0 - we aren't on any benefits, we both work and have been full rent of £150 a week, which feels like robbery...
              23-08-2017, 11:05 AM
            • Reply to Private letting advice
              Landlord1206
              Not sure if you have a gas cooker or not. Either way, please check that you have a valid Gas Safe certificate. You do not mention the boiler but given the other issues, I hope this is safe for you.
              You may wish to ask for a PAT on any electrical items.

              Not sure why you moved in given...
              23-08-2017, 11:02 AM
            • TT not leaving
              johnson13
              A friend of mine (LL) rents his property through an agent and has asked them to get the tenant out as he's coming back to live in it. The agent served a S21 notice which is due to expire soon (we'll check, but for the purposes of this post assume that everything has been served correctly and the notice...
              23-08-2017, 09:00 AM
            • Reply to TT not leaving
              Darth Wookie
              The tenant may be 'morally' in the wrong, but is legally in the right. They have no outright legal obligation to leave at the end of the tenancy agreement, which can only be truly ended by the court. In essence, the court are the 'adjudicators' of the contract and decide whether to enforce it or not....
              23-08-2017, 09:43 AM
            • Reply to TT not leaving
              jpkeates
              The current tenancy continues until the landlord has recovered possession (or the tenant serves notice) so there's no danger of a new one coming into being accidentally .

              The tenant is awarded costs if they lose, which is pretty standard in legal cases. If the landlord loses the case, the...
              23-08-2017, 09:38 AM
            • Reply to TT not leaving
              johnson13
              Ok, thanks. This seems to imply that the tenant is in the wrong by not leaving then.

              The notice might as well say, "you don't have to leave when this notice expires, but you'll have a large legal bill if you don't."



              Thanks again.

              Is this...
              23-08-2017, 09:19 AM
            • Reply to TT not leaving
              jpkeates
              The landlord can carry on accepting rent, which is due until the tenancy ends.

              The tenant has every right to stay, as the landlord's notice doesn't actually end the tenancy. To bring the tenancy to an end, the landlord will need to go to court. If the landlord is successful, the tenant...
              23-08-2017, 09:12 AM
            Working...
            X