Advice needed on small claims

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    Advice needed on small claims

    Hi,

    After trying for last 4 months, I have finally given up securing my rental deposit back from my previous landlord. He has given me a schedule of damage, none of which is correct (to make everything more complex, there hadn't been an inventory record - neither during checkin nor during checkout - all deductions are based on next tennant's complaints).

    So, I have decided to move to small claims court for the return of deposit and this would be my first brush with law. Can anyone please tell me how much detail should I go into when I feel up the "Particulars of Claim" in the claim form. Should I mention each and every item mentioned by the landlord, and add my comments why they are incorrect? Moreover, do I need to send this form to landlord before moving to the court?

    Another note, the landlord is a limited company; and not an individual. Does it give me any other option to resolve this dispute? I would go to court only as the last resort.

    Thanks for your patience. Any help would be greatly appreciated.
    Potter.

    #2
    If the landlord is a ltd company then you must use the company's registered address and number for the court to serve this. You can find this for free from Companies House on their website.

    The registered address should have been on the AST and not just their local office if that was the case.

    You shoudl write to the company with a letter of intended action (if you haven't already done this), i.e. pay up within 7 days or I will issue a summons.

    As there was no inventory you should get all your money back, and your court fee, and any interest due. The opinion of the tenant who succeeded you will have absolutely no bearing on matters, it doesn't concern him and is irrelevent.
    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
      Hi,

      I'm not entirely sure about this, but I didn't think that you could sue a Limited company through small claims.

      Comment


        #4
        You certainly can. Did it successfully twice (nothing to do with lettings though).

        Comment


          #5
          Hi,

          Thanks for your replies. Especially the info on Company House was very helpful. BTW, does anybody know how much detail should I go into for "Particulars of Claim"? I think, it does not matter as long as I give the true picture concisely. But do I need to discuss the schedule of damages in the form, or should I leave it till the hearing?

          Thanks in advance!
          Amitava

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