taking landlord/estate agents to court . .

[karljj1]

I moved out of my previous property in feb07, and on the day of the check out the estate agent said that we would have no problem getting the deposit back.
However, a cheque arrived and they have deducted £185 for:
not keeping the garden to an acceptable standard
Not paying rent by standing order
Stain the carpets
lightbulbs missing.

I have written to the estate agents who have ignored my letter in which i explained that the dis repairs were there when we moved in and as they failed to provide an inventory, to dispute that.
I have written to them again and asked for the landlords details as it is him who is with holding the money, and also a breakdown and invoices showing that the deposit is being used for the stuff he alleges i damaged.

If i take him to court, and i dont have the landlords details, do i take the landlord to court, as they are his agents?

Also, do i add on 8%interest or is that just with banks?

Much Appriciated

[MrShed]

You can ONLY sue the landlord, noone else.

[karljj1]

So HOW do i sue the landlord we only dealt with the agent, and they wont respond to my letters asking for the landlords details?!

[johnhowell]

Karljj1,

Under Section 1 of the Landlord and Tenant Act 1985 (c.70) they have to give the landlords details - extract:

Disclosure of landlord’s identity.
1. - (1) If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—
(a) any person who demands, or the last person who received, rent payable under the tenancy, or

(b) any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2) A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

(3) In this section and section 2—
(a) “tenant” includes a statutory tenant; and

(b) “landlord” means the immediate landlord.

Section 2 covers the case where the landlord is a corporate body.

I think somewhere in the Act it states that the landlords address must be in the UK - or else c/o an assigned agent.

Regards,
John

[Planner]

Originally Posted by MrShed

You can ONLY sue the landlord, noone else.

Actually I named the LA as the co defendant on the N1 form. Seems to focus the mind somewhat and stop the usually we dont have your deposit the LL does and I dont have your deposit the LA does argument.

[karljj1]

Thanks John the above info is very useful. They have 10 days with which to respond to my previous letter (i'm not holding my breath).
Then i will write to them again stating that i know they have to tell me and if they refuse i will list them as co-defendeants as Planner did.

Quick Question tho, Planner did you have to go to court or did you settle?


All information much appriciated

[karljj1]

Sorry, forgot to ask, can the estate agent withhold receipts and invoices which i have asked for to prove that the money is going on the house?

I wrote and asked them but have got no reply.

Ignorant twerps

[Planner]

It ended up in court im affraid. The judge awarded me £540 of the £640 deposit the LL was witholding. The LL gave me a cheque in the court room there and then so no problems trying to enforce the judgement in my particular case.

[karljj1]

OK . . . Quick update. After writing 2 letters and not getting a response i phoned the LA. They had decided i wasnt etitled to know any of the LL details until i read out the statement from John howell above. I was told it would be with me by the end of the week.
18 days later and i'm still waiting.
I tried ringing them again and cant get a response now. How do i go about getting them fined etc as stated above?
Also, what happens now? They wont send me the LL details or a breakdown of the costs "incurred"to him no recepits or invoices?

[Nightmare4banks]

karljj1,in reply to your posts and in my view - some of the information below may have already been mentioned by otheres trying to help you:

1.You are entitled to know your landlord's full details.

2.You should be able to find out the details of ownership of the property that you lived in through HM Land Registry if the agent fails to provide you with the details.

3.You sue the landlord and not the agent.

4.Keep all dealings with the agent and landlord(once you find out who he is!) strictly in writing and always send them by Recorded Delivery.Keep your recorded delivery stubbs in a safe place as you may need to show them to a judge further down the line.

5.Once you get the landlord's details - give him up to 1 month to "cough up" and if he doesn't sue!It is as simple as that!


6.It is in your interest to try and resolve the matter without the need for a court hearing


7.If you landlord has not paid you,you would be able to get 8% - simple interest added on to the amount he owes you.

I hope you find this information useful.

If you have any questions,just ask.

Keep us posted.

All the best!

[Esio Trot]

Originally Posted by Nightmare4banks

1.You are entitled to know your landlord's full details.

Not necessarily, AFAIK once you stop being a tenant you are not entitled to the information as the Landlord and Tenant Act states the word "tenant". Once you vacate, you are no longer a tenant.

[Nightmare4banks]

Esio trot,in reply to your last post:

1.Perhaps I was not clear but I was not referring to the Landlord & Tenant laws but the laws associated with landlords/agents i.e. agency law.

2.The last thing the poster would want to do is go and write letters and pay summons fees etc only to find out that he is persuing the wrong person/company.

[Aequitas]

Originally Posted by Esio Trot

Not necessarily, AFAIK once you stop being a tenant you are not entitled to the information as the Landlord and Tenant Act states the word "tenant". Once you vacate, you are no longer a tenant.

Interesting point.

If it is correct then the principle should be applied to S 48 of the Landlord and Tenant Act 1987 (which provides that rent is not due until the landlord's address is furnished) so that if:

1. A tenant goes into possession

2. The landlord does not furnish his name and address

3. The tenant does not pay any rent

4. The tenancy comes to an end and the tenant vacates

then there is no tenant for the landlord to supply his name and address to and therefore no rent can be claimed.

[rowansgran]

Nightmare, please elucidate this for me...you say that the landlord is sued not the agent. However if the contract is signed and given over by the agent and NOT the landlord,surely it is the agent in responsibility NOT the owner of the property

[Planner]

Nope Landlord is reponsible. No contract what so ever, exists between tenant and agent.

[demon_x_slash]

The agent is just that, the agent of the landlord. In all landlord/tenant actions, the landlord will be the one you have to claim against; if you try and claim against the agent, the judge will throw it out.

[Nightmare4banks]

rowansgran in reply to your last post and as others have said like myself:

You ALWAYS sue the landlord because the contract is with the landlord and not the agent.