Help with N1 Form

[Mr_Joe]

Would someone be able to help me fill out the N1 form? I have followed the instructions in the sticky but could do with some further advice.

Thanks in advance

Joe

[old_andrew2007]

Hi Joe
I expect there may be private details, but I think you will need to say where you need additional advice.

[Mr_Joe]

yes thats right but here is my situation.

It was a joint assured tenancy with a letting agent and landlord, there were 5 tenants. I have asked several times for my deposit and invoices/receipts etc and finally get my deposit back with roughly £115 taken off. There is approximately £20 for damages and £95 charge from the letting agents. I am currently abroad until next summer so would like any court proceedings to take place once I am back. Below is what I have so far...

Claimant

Me, the tenant

Defendants

The landlord
The letting agent

Brief Details of claim

not sure what should be put here, any advice please?

Value

£115 - Amount of deposit not returned
£50 - Court cost
£x - Cost of my time

Particulars of Claim

I claim the sum of £115 plus interest, being the outstanding amount of the £250 deposit which I paid on (date) under a tenancy agreement of premises at (address of premises)

The tenancy was an assured shorthold tenancy. It was created in writing by a tenancy agreement dated (date) made between (name and address of landlord), the landlord, (name and address of letting agent), the letting agent and (names and addresses of tenants), the tenant. The tenancy was for a fixed term of 12 months, commencing on (date), at a rent of £220 each per calendar month.

The tenancy was terminated on (date), by the expiry of the fixed term. The tenant left the property on (date).

Signed

ok so my questions are,

even though this was a joint tenancy, can I sue them as an individual for my charges and deposit?

Can I charge for my time that I have been trying to sort this? If so at what rate?

How do I get the case to hold until I get back into the UK?

Should I put more info on the particulars of claim? i.e. any correspondence between the defendants and myself?

also any advice on the form?

[Alphageek]

I don't know about lettings/landlords and deopsits, but:

How do I get the case to hold until I get back into the UK?

This would be at the Allocation Questionnaire stage. You can state in one of the sections what dates you would be unavailable to attend a hearing.

The AQ would be sent to you by the Court if the defendants defended your claim and could be one to two months after you issue your claim.

[old_andrew2007]

Hi next summer is sometime away, I really think you could run into problems if a claim is issued and you can't attend a hearing.

[Planner]

For what reason as the deductions? whats the £20 damages and whats the £95 agent fee? I think you need to allude to the reasons for the deductions on the N1 form and why you disagree.

[Mr_Joe]

£94 agent fee for being locked out. At the time I asked if I would be charged and they said I wouldn't as I didn't need my keys replaced, only letting in.

£11.75 - marks on lounge wall
£7.05 - Kitchen to be cleaned
£2.35 - Freezer and shower to be cleaned

I would of accept the damages if there were receipts/invoices but they won't provide.

[Planner]

To be honest, I think the £94 (while steep) is probably justifyiable. Unless you have it in writing that there wasnt going to be a fee, then what are you going to do when the agents turn up in court and say you where told there would be a charge?

Again, while annoying the damages listed are relativley minor. Again what will you do if the agents turn up in court with recipts? I think your are in danger of the court viewing you in a poor light with regards to such a small amount.

Good luck which ever route you chose.

[Mr_Joe]

yes I see your point but I have a witness to the conversation about the £94 fee who will back me up.

If they turn up to court with receipts then won't the judge view them poorly? I mean they are refusing to provide receipts/invoices when I have requested them in writing and would be wasting everyone's time should they suddenly show them in court.