Problems proceeding with Request for Judgment

[justfull]

We jointly rented a property from June 2006 to June 2007 Paying £300 x 4 weekly each (4 tenants) - there was no inventory.

The landlord withheld the deposits totalling £1200 claiming damage to property. As this was untrue and we had photographic evidence we have made a claim through the small claims court.

The problem is the landlord is named as a property management company. The contract is signed by one person (brother 1). The only written contact has been from his brother (brother 2) now signing himself as the landlord. On checking with the Land Registry the property is owned by a third brother jointly with another person.

We have reached the stage of Judgment for Claimant (in default) with no contact from a landlord.

It appears the next stage is a Request for Judgment. Who should we name as the defendant and does the fact that the property is not owned by the original landlord mean we don't have a leg to stand on?

Would really appreciate advice before proceeding any further financially.

[freakyleaky]

The name of the defendant should be the same as the name in the court papers.
Even if he doesn't own the property he obviously is a partner and he is the one who took your money. He is the one who should return the money to you.
I will flag this up for others to see.

[justfull]

Thanks for your reply. The concern we have is getting a judgment on a ltd company in that they can wind it up and set up another under a different name.

The individual now naming himself as landlord has a different first name to the joint owner named in the land registry records. As we may not get our deposit returned, we would like to know the best way to affect them financially ie for obtaining future credit, loans etc.

Thanks