How Can I Make Landlord Pay?

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  • How Can I Make Landlord Pay?

    Hi there,

    I read on these forums that tenants chasing the 3x penalty for the LL not protecting a deposit shouldnt celebrate after winning the court proceedings, but only when they have the money in their bank.

    I am in the process of taking my LL to court, and feel I have a bulletproof case. The only thing is, I want to use a solicitor to make sure, and as I can claim these costs in any winnings, I wouldnt be losing out if I can ensure the LL pays up.

    However I dont want to pay for a solicitor if I wont end up getting the money from the LL afterwards. He's dodgy and has a company set up that we paid money for rent to.

    Some questions

    1) If the tenancy agreement is with the Company, presumably this means I cant include the LL in the claim?

    2) How easy is it going to be for this LL to get out of paying, should the court award in my favor?

    3) Would I be wasting my time using a solicitor if the chances are the the LL will get out of paying because of his company being set up?

    All help greatly appreciated!

  • #2
    Who owns the property; the company? Or do they lease it from someone else?
    All posts in good faith, but do not rely on them

    * * * * * ** * * * * * * * * * * * *

    You can search the forums here:

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    • #3
      I'm not sure.

      The tenancy agreement is with <His Surname> Investments so I'm not sure if he owns the property or if its under the company. I suspect he owns it.

      But given the Tenancy Agreement is with the company... that means we can only claim against the company right?

      Thanks for your help

      Comment


      • #4
        Yes, but if the company owns the property then they have money

        Whether the directors have a duty of care regarding the deposit and you could personally sue them, I have no idea.

        To find out the owner, check the land registry. For cost of £3.

        You could also get the company's filed records from companies house, which will also cost, to see if they are worth persuing.

        If you have limited means, you may be entitled to legal aid to cover your costs of legal representation.
        All posts in good faith, but do not rely on them

        * * * * * ** * * * * * * * * * * * *

        You can search the forums here:

        Comment


        • #5
          Thanks Bel,

          Any idea on how many LL's get out of paying the penalty? Or if generally the Tenant will receive the money? Just dont want to be spending large amounts on solicitors and then large amounts on solicitors again to get the money back once awarded.

          Just dont want him using some form of loop hole that I dont know about to get out of it.

          Unfortunately not entitled to any legal aid, although I have been to see the CAB who were rather helpful.

          Comment


          • #6
            Originally posted by awt19 View Post
            I'm not sure.

            The tenancy agreement is with <His Surname> Investments so I'm not sure if he owns the property or if its under the company. I suspect he owns it.

            But given the Tenancy Agreement is with the company... that means we can only claim against the company right?

            Thanks for your help
            But is it:
            a. "His Surname Investments"; or
            b. "His Surname Investments Ltd"?
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


            • #7
              Originally posted by awt19 View Post
              Thanks Bel,

              Any idea on how many LL's get out of paying the penalty? Or if generally the Tenant will receive the money? Just dont want to be spending large amounts on solicitors and then large amounts on solicitors again to get the money back once awarded.

              Just dont want him using some form of loop hole that I dont know about to get out of it.

              Unfortunately not entitled to any legal aid, although I have been to see the CAB who were rather helpful.
              If the deposit is protected prior to court or returned to you, you may fail.

              http://www.landlordzone.co.uk/forums...ad.php?t=16679

              There are lots of threads if you do a search
              All posts in good faith, but do not rely on them

              * * * * * ** * * * * * * * * * * * *

              You can search the forums here:

              Comment


              • #8
                Hi

                If you want to pm me I can tell you of a guy who was really helpful to us & may be able to help you
                We recently had this with my daughters LL

                This guy is a solicitor & specialises in this matter he also has contacts for debt recovery if your LL decided to get difficult like daughters did

                You can do the whole process yourself but it costs nothing to get someones advice ?
                He will advise for free via email

                Comment


                • #9
                  Originally posted by awt19 View Post
                  The only thing is, I want to use a solicitor to make sure, and as I can claim these costs in any winnings, I wouldnt be losing out if I can ensure the LL pays up. - you can recover solicitors costs but only if you claim (and get) judgment in excess of £5k (or if there is a contractual provision to allow you to claim costs - unlikely) - get estimates from the solicitors you think about using - it should help you decide whether or not to use any solicitors)

                  However I dont want to pay for a solicitor if I wont end up getting the money from the LL afterwards. He's dodgy and has a company set up that we paid money for rent to.

                  Some questions

                  1) If the tenancy agreement is with the Company, presumably this means I cant include the LL in the claim? correct - but you need to answer Jeffrey's earlier post regarding this first.

                  2) How easy is it going to be for this LL to get out of paying, should the court award in my favor? if you get judgment then you have to enforce, the court does not do it for you. You need to decide whether the claim is against company or individual, then you need to investigate what assets the debtor has and their ability to pay.

                  3) Would I be wasting my time using a solicitor if the chances are the the LL will get out of paying because of his company being set up? thats a decision for you to make. if claim is +£5k then the legal costs should get added onto your judgment, however this may not be 100% of what the solicitor bills you there is often an element of costs that are not recovered in litigation, you would still be responsible for these costs. If the claim is less than £5k then you can still recover limited legal fees - your solicitor should advise you on this, however you need to decide on an economical basis whether it is worth using solicitors in this situation.

                  All help greatly appreciated!
                  NB - if you are financially eligible for Legal Aid then if the claim is less than £5k there is the risk you will not get funding due to the fact the costs would not be recovered from the defendant.
                  PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                  Comment


                  • #10
                    Originally posted by jeffrey View Post
                    But is it:
                    a. "His Surname Investments"; or
                    b. "His Surname Investments Ltd"?
                    Lock in a.

                    And the implication of this? I guess without the Ltd, his liability isnt limited to just what assets etc the company has, and his personal assets can be chased?

                    Comment


                    • #11
                      Originally posted by Paul Gibbs View Post
                      1) If the tenancy agreement is with the Company, presumably this means I cant include the LL in the claim? correct - but you need to answer Jeffrey's earlier post regarding this first.
                      Thanks for this Paul. Its very very helpful. I answered A for Jeffrey's post.

                      How does this affect things?

                      Comment


                      • #12
                        Originally posted by Bel View Post
                        If the deposit is protected prior to court or returned to you, you may fail.

                        http://www.landlordzone.co.uk/forums...ad.php?t=16679

                        There are lots of threads if you do a search
                        Thanks Bel.

                        I'm quite confident he wont protect the deposit before court... he's paid back the majority of it, theres just 1 thing he has taken off the inventory and wont provide us with receipts for. So he cant protect the deposit, because he's already returned most of it. And I dont think he's all that clever to figure that out.

                        Comment


                        • #13
                          the failure the use the word limited after the company's name in the tenancy agreement could make the director personally liable under the Companies Act 1985 (IIRC) and he could also be liable for a fine (although this is a matter for Companies House and they are unlikely to get involved)

                          It would probably be wise to sue the company and the director - let the court sort out who is responsible. IMO you will have to convince the court that the director is personally liable. This is a technical argument and it might be worth using a solicitor, even if it is just for preparing the Particulars of Claim.
                          PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                          Comment


                          • #14
                            Originally posted by Paul Gibbs View Post
                            the failure the use the word limited after the company's name in the tenancy agreement could make the director personally liable under the Companies Act 1985 (IIRC) and he could also be liable for a fine (although this is a matter for Companies House and they are unlikely to get involved)

                            It would probably be wise to sue the company and the director - let the court sort out who is responsible. IMO you will have to convince the court that the director is personally liable. This is a technical argument and it might be worth using a solicitor, even if it is just for preparing the Particulars of Claim.
                            Or it might not be a company at all- merely L's trading name.
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

                            Comment


                            • #15
                              Originally posted by jeffrey View Post
                              Or it might not be a company at all- merely L's trading name.
                              Thanks,

                              So should I just include both the LL's name, and the 'company' on the claim form?

                              Comment

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