TDS County Court Claims

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    #16
    And I would just add that the N208 can become a N1 claim if the judge thinks that’s the most appropriate route but a N1 claim can’t become a N208 claim.

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      #17
      Been waiting since the end of last year to file my claim so I've been watching all the discussion of the correct prodecure carefully and thanks for writing the guide wording on the claim. I think I will be submitting mine using the N208 route in the next couple of weeks.

      I have an extra question that hopefully someone can help with. I am still in my tenancy which ends at the end of April but I want to begin proceedings. I understand that I will have to amend the wording of the original post to "order landlord to return the deposit - OR - pay into a TDS with xx days" and also not claim for interest on deposit.

      I am confused as to what would happen if the court hearing didn't occur before my tenancy ends and the original deposit was returned before the hearing. Would the judge likely adapt my original submitted claim to fit the changed circumstances? ie. just order x3 penalty.

      Also my landlord has a company, the agreement is made between me and the company, but is signed by him. I'm thinking I should serve the papers on the company - is this correct?

      Thanks for your continued help.

      Comment


        #18
        On penultimate paragraph: yes. L is company, not the representative (e.g. Director) who signs on its behalf.
        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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          #19
          The landlord is also the company director, so just to clarify - the defendant should be the company name rather than landlord's name?

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            #20
            Looking through my contract tonight and reading the N208 notes it looks like I need to name the defendant as Mr X, trading as X Properties Ltd. Although would like advice on whether I just need to put X Properties Ltd as defendant and not need to name anybody?

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              #21
              Hi there, I too have decided to pursue the failure of my LL/LA to place my deposit into a TDS. My personal situation is detailed in Deposit not placed into TDS...; and I will be using the N208 claim form.

              I am still unsure on a couple of points, which I'm hoping LandlordZoners can offer some guidance with.

              The TA was drawn up by a so called agency (more on this below) and although the LL is named within, it is not signed by him. Therefore, who do I name as a defendant? The TA was also the receipt for the deposit, which I paid by cheque, and was paid into the LL's bank account.

              Although I have an address for the LA, I never dealt with them, and was only ever given the LL's phone number for any issues. I have searched for the LA and can find no mention of them anywhere, however, I have found that the address supplied for the LA is actually a Tandoori restaurant. Not sure how significant this is at the moment, but it doesn't fill me with confidence that the LA even exists.

              A more basic question I have is, where do I have to take the complete N208 form (I have moved some distance away from the rental)? I had assumed that it would need to be taken to the county court local to the property concerned - can someone confirm this please?!

              Finally, does anyone think that the fact that I have moved out (i.e. that the AST has ended) will have any bearing on the claim?

              Many thanks in advance!

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                #22
                Originally posted by leigh123 View Post
                The landlord is also the company director, so just to clarify - the defendant should be the company name rather than landlord's name?
                Look: read my previous post. L is COMPANY, according to your earlier posts (e.g. fourth paragraph of #17), not the Director.
                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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                  #23
                  I was drafting out my N208 this afternoon and was trying to write the argument for my deposit needing protection but this not having been done.

                  My claim falls under the following:

                  What happens if a tenant renews their contract after 6 April 2007?
                  For a replacement / renewal tenancy:

                  This is a new AST and so TDP will apply. The deposit previously paid under the earlier tenancy is repayable to the tenant at the end of that tenancy, so it should be returned to the tenant. Alternatively, if the landlord wishes to continue to hold it as security in respect of the new tenancy it must be protected.


                  However, the only place I can find this stated is on the scheme websites, nowhere more official, like in the Housing Act like I was expecting. Is this good enough from a legal point of view?

                  Comment


                    #24
                    Originally posted by leigh123 View Post
                    However, the only place I can find this stated is on the scheme websites, nowhere more official, like in the Housing Act like I was expecting. Is this good enough from a legal point of view?
                    The Housing Act does not distinguish between the first time you sign a tenancy agreement with a particular landlord for a particular property, and subsequent times.

                    When a new TA is signed, a new agreement is created. The old agreement is finished and the deposit relating to it should either be returned to you or (as usually happens) simply transferred over to the new agreement.

                    Really, when people talk about "renewing" a TA, what they really mean is signing a new TA for the same property, same LL, and same T.

                    All you need to state is that the TA commenced after the 5th April and that a deposit exists in relation to it.

                    Peter

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                      #25
                      Thanks pcwilkins, I understand how that works now under the housing act. I'll be able to finish my paperwork (hopefully without any more questions!) and keep everyone updated too.

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                        #26
                        i also want to take my landlord to court for the non-protection of my deposit. the tenancy is over. woudl a money claim online form, with this information be acceptable, or no? eek, i feel like i've just asked a very stupid question!

                        josh

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                          #27
                          Originally posted by joshua View Post
                          i also want to take my landlord to court for the non-protection of my deposit. the tenancy is over. woudl a money claim online form, with this information be acceptable, or no? eek, i feel like i've just asked a very stupid question!

                          josh
                          General consensus seems to be that you should use form N208. So moneyclaimonline won't work, I don't think. But you could always try, let us know how it goes!

                          Peter

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                            #28
                            Originally posted by joshua View Post
                            i also want to take my landlord to court for the non-protection of my deposit. the tenancy is over. woudl a money claim online form, with this information be acceptable, or no? eek, i feel like i've just asked a very stupid question!

                            josh
                            Just out of interest, has you LL repaid your deposit or has that been withheld as well (The reason I ask is that I may be in a similar position soon ..)

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                              #29
                              Originally posted by Tori Bellatrix View Post
                              Just out of interest, has you LL repaid your deposit or has that been withheld as well (The reason I ask is that I may be in a similar position soon ..)
                              the landlord has paid nothing. my situation is slightly complicated - we signed a six month agreement but had to move out early. on the contract it said early termination = loss of deposit, however LL verbally promised to return our money and didn't.

                              I found out he didn't put our deposit in one of the deposit protection schemes and suggested that he just returns the deposit and we'll forget about it, however LL was having none of it and i have (i think) decided to take the court route.

                              Does anyone know if there is a time limit after moving out that one can apply for this?

                              Also, does my situation affect the deposit protection rights? I asked shelter and they seemed to say early termination of contract was not relevant and that LL still will be fined for non-protection.

                              Comment


                                #30
                                Originally posted by joshua View Post
                                Does anyone know if there is a time limit after moving out that one can apply for this?
                                If there is, I guess it's probably the usual 6 years. But I may be wrong.

                                Also, does my situation affect the deposit protection rights?
                                No. The LL still failed to protect the deposit.

                                Peter

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