Deposit not protected - Landlord is a limited company - How to proceed?

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    #16
    Originally posted by TrickyRed View Post
    I posted the same initial query on the consumeractiongroup forum and that was one of the replies - see consumeraction group forum/residential-commercial-lettings/263000-tenancy-deposit-not-protected

    (Sorry, it won't let me post a link because my post count is less than 10)
    And here's a link to Part 6 of the Civil Procedure Rules, which deals with 'Service of Documents'. See the table in Rule 6.9.

    http://www.justice.gov.uk/civil/proc...rts/part06.htm

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      #17
      I did not see any reference in the earlier posts (although I was reading quickly) of who you paid the deposit to.

      It sounds as though the LL = the limited company, and as others have said you should serve on the registered office.

      Note that if you paid the deposit personally to the individual (or if the cheque was made out to him then you may be able to sue him personally for being the person who received the deposit (notwithstanding the fact your LL is the company).

      If the deposit is protected, but the LL has not served the prescribed information on you it is a more complicated claim. I would have to look at that in greater detail, but it seems sensible to find out whether or not it actually is protected.
      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.

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        #18
        Originally posted by Paul Gibbs View Post
        I did not see any reference in the earlier posts (although I was reading quickly) of who you paid the deposit to.

        It sounds as though the LL = the limited company, and as others have said you should serve on the registered office.

        Note that if you paid the deposit personally to the individual (or if the cheque was made out to him then you may be able to sue him personally for being the person who received the deposit (notwithstanding the fact your LL is the company).
        The deposit was paid to the letting agent along with the first months' rent. They letting agent then passed on the deposit to the landlord, and all further rent payments were made direct to the landlord (limited company).

        I've phoned all three deposit schemes and there are no records in any of them, thus I conclude that my deposit was no protected at all.

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          #19
          Then you could, alternatively, sue the agent for the 3x penalty, who is liable as if he were the LL under the HA 2004.

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            #20
            Thanks to everyone for their help. Having sent a LBA to the company registered address of the landlord (and another one to the letting agent who dealt with our deposit) I have now received my deposit back in full. Which is enough for me.

            Thanks again.

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