small claims court

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    small claims court

    when there is a dispute about bond who exactly do you name on the court papers.? Is it the owner or agent?

    #2
    I would have thought it was the owner, whoever you have the contract with which will be the name and address on your tenancy agreement.

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      #3
      Originally posted by mindstep View Post
      I would have thought it was the owner, whoever you have the contract with which will be the name and address on your tenancy agreement.
      Yes. You as tenant have a contract only with owner.
      Owner has separate contract with agent (but you don't).
      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).

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        #4
        Whoops I just issued one and put down the landlord as primary and the agent as secondary. The clerk in the court suggested I name both as the agent was stakeholder and he said although he couldn't advise me a lot of people seemed to do that.

        I hope this doesnt mean i have to re-file and pay another £80...please say no

        When the agent responds and says don't sue us sue your landlady could i not just proceed against her on the original claim ?
        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.
        I answer purely on my own opinion which may be wrong. (as it often is !)

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          #5
          No it won't matter as the agent is not party to the contract so the judge will not take any action against the agent. You might tell the agent what has happened and that he will be able to rescind it on that basis.
          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.

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            #6
            There is specific reference made in the Civil Procedure Rules to the role of stakeholder and there are specific things a stakeholder should do in order to remove their liability.

            I believe you did the right thing in this instance. What is likely to happen should it go to court is that the agent will do the necessary and get themselves removed from the proceedings, they will likely be asked to pay the deposit into court and the court will examine the case between the landlord and the tenant.

            Remember to ask for the deposit PLUS the interest earned on it to be paid into court, not just the original deposit.

            DO look at the Civil Procedure Rules, they are 'the Bible' of court practice.

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              #7
              Many thanks for that , I have already put in for the damages so assume i can;t now add in the costs of interest ?

              do you know where I can see the Civil Procedure Rules, I want to make sure that I do everything correctly so she can't bluster me.
              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.
              I answer purely on my own opinion which may be wrong. (as it often is !)

              Comment


                #8
                Type "civil procedure rules" into any search engine and you will find what you are looking for.

                Comment


                  #9
                  Originally posted by LordTufty View Post
                  Many thanks for that , I have already put in for the damages so assume i can;t now add in the costs of interest ?

                  do you know where I can see the Civil Procedure Rules, I want to make sure that I do everything correctly so she can't bluster me.
                  http://www.dca.gov.uk/civil/procrules_fin/index.htm

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