Taking Agent/landlord to court

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    Taking Agent/landlord to court

    My daughter vacated the room she was renting at the end of march.She ended the tenancy 3 before the contract ended but found replacement tenants who signed an agreement with the agent.The Agent has not refunded her deposit and has not replied to any emails asking for the refund and also who they protected the deposit with.She also sent a final email giving 14days to reply again nothing.she has checked with all the deposit protection schemes and they have no record of a deposit in her name.It has come to light that a letter before action has to be sent including a N1 form to the agent.Will she have to send this letter even though she has already sent a letter saying that she intends to take court action (the N1 form was not included).also the letter before action indicates that if the deposit is repaid there will be no court action.But she would still want to take him to court for not protecting the deposit so would this be a seperate issue.also should she use a solicitor or not.

    #2
    I do not believe that a N1 form has to be included, but if you include one already pre-filled, it does show some intention of going through with it.

    Name both agent and Landlord in the same claim, and send to both addresses.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Originally posted by Chez View Post
      It has come to light that a letter before action has to be sent including a N1 form to the agent. Will she have to send this letter even though she has already sent a letter saying that she intends to take court action (the N1 form was not included).
      No, a letter before action does not have to include the completed court form. But a letter before action is a letter, not an email before action- an email might well suffice but I'm sure your daughter would wish to do things strictly by the book.

      Originally posted by Chez View Post
      also the letter before action indicates that if the deposit is repaid there will be no court action.

      But she would still want to take him to court for not protecting the deposit so would this be a seperate issue.
      It would be rather misleading to say to the LL that if he refunds the deposit "there will be no court action" then go on to bring a court claim against him under s.214 Housing Act 2004.

      If the LL accepts the offer and refunds, and your daughter then goes on to claim, then she should not be surprised if the LL uses her agreement not to take legal action as a defence to her claim.

      Originally posted by Chez View Post
      also should she use a solicitor or not.
      Yes, if she is claiming under s.214. And a claim under s.214 must be started on form N208; it will be allocated to the multi-track, where court fees will be in excess of £1,000.

      Your daughter should bear in mind that she may be liable for further rent unless she has paid up to the date that the new tenancy started; she breached a binding contract to pay rent for the duration of the fixed term. Fortunately for her, this breach of obligation does not carry with it a penalty to pay up to three times the value of the debt.

      Comment


        #4
        You say she rented a room. Did she have a contract just for that room (ie: back bedroom 21 Any Road) or was it a joint contract for whole property and names other tenants ?

        I ask because if this is a joint tenancy then the deposit may well be protected in the lead tenant's name.
        I'm a good tenant with great landlords
        I'm also a living, breathing, fully cooked female.

        Comment


          #5
          Originally posted by Chez View Post
          It has come to light that a letter before action has to be sent including a N1 form to the agent.Will she have to send this letter even though she has already sent a letter saying that she intends to take court action (the N1 form was not included).
          As far as I know there's no requirement as such to send a 'letter before action', let alone include an N1 form; it's more that if you don't do so you're less likely to win your case as the judge will perceive that you haven't done everything humanly possible to avoid going to court (they hate people who waste court time) and the defendant can say that they had no idea that a court hearing was in the offing.

          Depending on what's in your daughter's letter, she may have covered herself against that already - though it's definitely advisable to have the letter headed with an unequivocal "Letter Before Action".

          Comment


            #6
            my daughter rented a room sharing communal areas.Her contract is not Joint.She paid her rent right up to the last day before new tenants moved in.There was no inventory done when she moved in,paid her rent by direct debit and never missed a payment.She also paid over £1000 in cash as advanced rent/deposit.I have been researching info on web and it has been said that a landlord can protect the deposit right up to the date of court case.If this is right what a nonesense this makes of all the Deposit schemes

            Comment


              #7
              Originally posted by Chez View Post
              my daughter rented a room sharing communal areas.Her contract is not Joint.She paid her rent right up to the last day before new tenants moved in.There was no inventory done when she moved in,paid her rent by direct debit and never missed a payment.She also paid over £1000 in cash as advanced rent/deposit.I have been researching info on web and it has been said that a landlord can protect the deposit right up to the date of court case.If this is right what a nonesense this makes of all the Deposit schemes
              You are looking at out dated information. Look up the 'localism act'
              I offer no guarantee that anything I say is correct. wysiwyg

              Comment


                #8
                Originally posted by Chez View Post
                I have been researching info on web and it has been said that a landlord can protect the deposit right up to the date of court case. If this is right what a nonesense this makes of all the Deposit schemes
                It is not correct; the law was amended last year and a LL cannot avoid the sanction under s.214 by late compliance.

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