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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 6th December 2007, 20:23   #1 (permalink)
minniemouse_81
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Default Statutory limit

Does anyone know if there is a statutory limit on when you make a claim against a landlord who has kept your deposit?

the reason I ask is that I moved out of a flat in January of this year and I just havent had the money to pursue it and was just wondering if it is too late?
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Old 6th December 2007, 22:14   #2 (permalink)
Esio Trot
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Default Re: Statutory limit

I guess the statute of limitations will apply here - six years.

As a letting agent, we do have deposits (and sometimes landlord payments) where the person to be paid disappears. I have £1,426 of landlords rent money (cheque sent to address was returned "gone away") and the six years from last contact is up on 15 January next. I'll give it a bit longer, but as from then it becomes mine.

Rumour has it that he is banged up for many years for manslaughter.

On this basis, you have plenty of time.
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Old 6th December 2007, 22:30   #3 (permalink)
minniemouse_81
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Default Re: Statutory limit

He sounds like a stand up bloke!!!:o

Thanks for the info.

Any idea on how I can go about finding out where she is cos apparently she has sold the flat and moved away. She is still in the same town apparently but thats all I can work out.

Would I issue the claim at the address where we both lived?
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Old 7th December 2007, 06:42   #4 (permalink)
Ed999
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Default Re: Statutory limit

Read this thread: http://www.consumeractiongroup.co.uk...eductions.html

It contains information about how to find a landlord's address.



Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.
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Old 7th December 2007, 13:12   #5 (permalink)
demon_x_slash
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Default Re: Statutory limit

It would be best to serve claim papers at the property the landlord actually occupies; however, if you can't find that address, then the flat that you were living in will be all right to serve on.
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Old 7th December 2007, 13:43   #6 (permalink)
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Default Re: Statutory limit

Quote:
Originally Posted by demon_x_slash View Post
It would be best to serve claim papers at the property the landlord actually occupies; however, if you can't find that address, then the flat that you were living in will be all right to serve on.
I doubt it would be OK to serve on if the landlord no longer owns the property...
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Old 7th December 2007, 16:20   #7 (permalink)
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Default Re: Statutory limit

Ah - apologies! I skim read that one
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Old 10th December 2007, 03:33   #8 (permalink)
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Default Re: Statutory limit

Can I serve at her work cos I know where that is?
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Old 20th December 2007, 17:53   #9 (permalink)
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Default Re: Statutory limit

You can serve the landlord in person (not by post!) anywhere in the country, if you can find him/her. But you will need to either be very bold, or to engage a private enquiry agent to do it for you (also called a "process server").

It will cost up to £100 probably, to engage an enquiry agent to do it.

But an enquiry agent will know how to serve documents on the landlord without breaking any laws, and how to provide the necessary affidavit as evidence of the service. Plus, the court will more readily accept an affidavit by an independent person than one sworn by you.

The less expensive option is to serve the landlord by post: http://www.consumeractiongroup.co.uk...eductions.html


Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.
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