Won At Court, what now?

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    Won At Court, what now?

    Hi there,

    We have been to court today against our landlord who failed to give back our deposit, he also never protected it.

    The judge made the court order in our favour and our old LL has to pay us £3070, he told our LL that he has 14 days to pay, my question is what if he doesnt pay within that timescale? Does the LL have to pay the court or should we get our deposit back from the LL?

    Our old LL told the judge he would be appealing and the judge told him he would not grant that right as it had been proven he had broken the law.

    Does the LL have to pay the court then they pay us or will the LL be paying us back directly?

    Thanks in advance, Lilac

    #2
    Landlord has 14 days to 'appeal'. Although your (District) judge declined his request, LL has 14 days to take it one level higher to the Circuit Judge. An appeal hearing will only be granted if he has a reasonable chance of success - basically there would have had to have been a mistake by your judge.

    Landlord should pay you the money. If he doesn't, you will have to 'enforce' the judgement by one of the methods shown here.

    http://www.hmcourts-service.gov.uk/i...ment/index.htm

    They all cost money - but the costs are added onto the amount the LL has to pay you.

    Comment


      #3
      Hi lilacworld,

      Congrats - hope you see the money soon.

      My LL hasn't protected my deposit nor is he willing to return it (we are in the midst of a complicated end of lease wrangle).

      Did you take the LL to court? If so, which form did you have to use? Silly that the LL didn't protect or give you back the deposit prior to the court date as he would have then avoided the fine.

      Comment


        #4
        Originally posted by lilacworld View Post
        Does the LL have to pay the court then they pay us or will the LL be paying us back directly?
        Just to confirm Snorkerz' comment, it's you who has to enforce the CCJ via the methods outlined on the HM Courts website. The court doesn't initiate it for you, you have to apply for this or that, and if LL pays, the payments are not sent via the court but directly to you.

        Comment


          #5
          Originally posted by SwS View Post
          Hi lilacworld,

          Congrats - hope you see the money soon.

          My LL hasn't protected my deposit nor is he willing to return it (we are in the midst of a complicated end of lease wrangle).

          Did you take the LL to court? If so, which form did you have to use? Silly that the LL didn't protect or give you back the deposit prior to the court date as he would have then avoided the fine.

          I used the form N1 Claim form (CPR Part 7)

          you will need to add your info onto the form and they take it directly to the courts to pay the court fee, make sure you have a copy for yourself and a copy for your LL.

          This is what I put on our claim form:

          The claimant is the former assured shorthold tenant if the property known as ................ and the defendant is the landlord. The tenancy agreement was dated ................ and a copy is attached to this claim form.
          The claimant paid the defendant a deposit of ......... on .......... The landlord has not repaid any of the deposit and the claimant is not aware of any reason why the defendant should be able to keep the deposit.
          The defendant did not give the claimant the information required by the Housing (Tenancy Deposits) (Prescribed Information) Order 2007.
          The claimant applies under s214 Housing Act 2004 for an order that the defendant repays the depsoit to the claimant and for an order that the defendant pay the claimant a sum of money equal to three times the amount of the deposit within 14 days from the date of the order.

          PLEASE PLEASE make sure you gather as much evidence as possible, communicate with them via letter which you MUST send recorded.

          With my witness statement I included a couple of leaflets all about the Deposit Protection Scheme, they were called "Are you protecting your tenants Deposit?", Housing Act 2004 and Housing Order 2007. Its essential to have these as the judge may ask you where you have got your info from.

          Also it would also be essential to write to all Deposit Protection Schemes (3 in total) and ask whether your landlord had protected your deposit with them, keep these letters as more evidence. You can their details on directgov.uk any other forms can be found online if you just google it.

          I think thats all i can think of but if you need any other advice please let me know, i hope it goes well for you.

          In total its took us 11 months to get to court and win so it will be a long process, but the more awkward the landlord is the easier it will be and make you more determined.

          Best of luck, Lilac x

          Comment


            #6
            Originally posted by lilacworld View Post
            I used the form N1 Claim form (CPR Part 7)
            These claims must now be filed on a Part 8 form.

            The court service issued this advice last year: http://www.hmcourts-service.gov.uk/d...pplication.pdf

            HOWEVER, CPR part 8 does not identify the Housing Act 2004 as one of the Acts for which part 8 must be used.

            Comment


              #7
              Originally posted by Snorkerz View Post
              Landlord has 14 days to 'appeal'. Although your (District) judge declined his request, LL has 14 days to take it one level higher to the Circuit Judge. An appeal hearing will only be granted if he has a reasonable chance of success - basically there would have had to have been a mistake by your judge.

              Landlord should pay you the money. If he doesn't, you will have to 'enforce' the judgement by one of the methods shown here.


              They all cost money - but the costs are added onto the amount the LL has to pay you.

              Thank you for the advice, no doubt we will have to probably take that route, I'll try and keep posted of our progress so it can always help others.

              Thanks again

              Comment


                #8
                Originally posted by Snorkerz View Post
                These claims must now be filed on a Part 8 form.


                HOWEVER, CPR part 8 does not identify the Housing Act 2004 as one of the Acts for which part 8 must be used.
                Oh ok, I thought it may have remained the same, our case had been going on for nearly year so doubt they probably have updated their forms.

                Comment


                  #9
                  Originally posted by Snorkerz View Post

                  HOWEVER, CPR part 8 does not identify the Housing Act 2004 as one of the Acts for which part 8 must be used.
                  It's in CPR 56.1 & PD 56, para 2.1.

                  http://www.justice.gov.uk/civil/proc...rts/part56.htm

                  Comment


                    #10
                    Thanks, lilacworld, great info.

                    This route will be my last option. I'll persue once my current issue is resolved. Very awkward LL who only sees my legal responsibility but not theirs.

                    I have already prepped by gathering confirmation of no deposit by all three of the government recognised schemes. It's ridiculous though that it took 11 months for you to simply get a decision on your money, let alone having the money physically back in your hands. Who knows how long that'll take.

                    Still, best of luck.

                    Comment

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