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Hello, and thank you to Lauryn and the others who have posted so helpfully. I am in the process of completing Form 1, following the example provided. My case is slightly more complicated since my landlord claims to be a Resident Landlord, and so exempt from the TDS requirement. Do I need to mention this on the form, and explain why his claim is specious? Or should the whole issue be left to the stage when the parties submit evidence, or perhaps the actual Hearing? Cheers. Oh: and a quick heads-up to anyone else who might be using Lauryn's example as a guide to completing Form 1. The actual Regulations to be cited differ depending on the date on which the tenancy commenced, so rather than following the template it is important to check that you are citing the correct Regulation and the trigger dates that apply to you. This is something that you can check on-line using Google, once you know that you need to attend to it.

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  • 1 month later...
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You've done well. However your action was undefended and there appears to be some minor deficiencies in your pleadings. (no grounds of jurisdiction in the condescendence, etc) This shouldn't put others off as the Sheriff can be and should be lenient with party litigants and you can amend your pleadings. However in a defended action the other side may take unfair advantage of you if you are not a lawyer.

 

How are you getting on with enforcing your decree?

 

I wonder if most people would do better getting a 7 day letter written by a solicitor rather than trying to litigate themselves? Another advantage of using a solicitor is that the summary application process allows for generous recovery of expenses, so it will cost the landlord more if he defends and loses. As mentioned I know of a firm who will normally agree to take these cases "no win no fee".

 

Hi would you be in a position to offer some review assistance on my form 1 which i would like to get submitted next week.

 

many thanks

 

Alan

Edited by citizenB
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Hi Alan,

 

No disrepect intended to those in this thread who have offered such assistance, but I will not do so as it would constitute a criminal offence. Section 32 of the Solicitors (Scotland) Act 1980 (Offence for unqualified persons to prepare certain documents) provides that any unqualified person who prepares "any writ relating to any action or proceedings in any court" commits an offence.

 

I am going to have to reconsider my presence on this forum as I have recently been accused of "touting". As a layman I found it challenging to navigate the complexities of landlord and tenant law and struggled to find a solicitor who could assist me as most of the larger city firms either acted for the landlord industry or did not have any experience in property matters except for conveyencing. I eventually found a suitable firm and have been referring other tenants for around a year.

 

This is simply paying it forward and trying to take effective action against what I believe to be a serious injustice - the failure of many private sector landlords to follow the law and the suffering caused to responsible, law abiding tenants as a result. I realised that I could potentially reach more tenants in need of assistance with a web site and by participating on relevant Internet forums. Unfortunately certain sections of the Internet seem to have a distaste for commercial endeavours and a misguided belief that people should attempt to do things that they are manifestly unprepared to do.

 

The professions of solicitor and advocate are not accessible to everyone, just as only a certain proportion of the population will be taller than six feet. In addition to years of study and training, there are certain personal qualities which are required to effectively present a case before the court. Not least of which is the professional detatchment which eludes all but a small minority of party litigants.

 

The court does not expect party litigants to know all the legal nuances, and you should be given the opportunity to rectify any deficiencies in your pleadings. If you are determined to represent yourself I think it best to write only what you understand rather than incorporating outside advice that you do not understand the reasoning behind and have no way of knowing if it is correct.

 

If you do not know how to draft your action then I would recommend that you use a solicitor. If you are sucessful in your action, you will likely be able to recover the costs of doing so. There are "no win no fee" agreements offered by some firms which will defer the payment of your fees until the conclusion of your action.

 

Now you might need to make between 5 and 50 'phone calls before you find a firm who are prepared to act speculatively. I can't tell you which firms will, because apparently sharing my hard earning knowledge is a bad thing if there is a possibility that I may be compensated for it. So rather than provide you with a website or a number to call I'm going to have to suggest that you do your own research. They are even going to change my username here as it might be used to find a website which might be commerical.

 

It appears that this site is more about "people doing it for themselves" and less about "people doing it effectively - even if it sometimes means hiring an expert". There are so many forms of landlord/tenant dispute where it simply isn't sensible or affordable for the tenant to obtain professional legal assistance - so it is unfortunate that for tenancy deposit scheme cases which are handled under summary application procedure (allowing generous recovery of expenses) and with the damages being high enough to make "no win no fee" agreements worthwhile that tenants are being unwisely advised to do it themselves.

 

This isn't to take anything away from those who have litigated their own cases effectively, but these aren't likely to be the people who have questions about how to draft the action. And it would be wise to assume that any action you raise will be vigorously defended and plan from there, rather than assume everyone can do it on the strength of one case where the defender didn't take it seriously enough to show up.

 

I'm expecting to be banned from here soon, so hopefully you get time to read the above and it is of value.

 

Kind regards,

 

Hi

 

I completely understand the position that you are in. My wife is a solicitor but unfortunately is only licensed to practice in Hong Kong and South Africa. So the same rules apply to her!

 

I have completed and submitted the application myself as I feel it is a clear cut case. Where the landlord only registered the deposit 9 days before we moved out 171 days after the start of the tenancy - a clear violation of the legislation.

 

I am also not in it for the money but more to cause the same level of irritation that we endured.

 

Reading between the lines of your post it is evident that the forum is not for me as it would prohibit any advice or tips ever being able to be presented by others in a similar situation.

 

I would like to thank you for the time taken to respond.

 

Best regards

 

Alan

Edited by citizenB
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  • 5 months later...

Hi Everyone - I have just won my summary Cause case against landlord who had not securred deposit. Sherifff awarded 3 * deposit plus costs. Represented myself in Alloa Sheriff Court against landlord who had a lawyer. Easy to complete forms and simple process in court. all in cost about £200 including fees to serve papers. Good luck to everyone who is still fighting.:smile:

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  • 3 months later...

My landlord did not use any of the schemes for my deposit which I found out after leaving the property. I have lodged an initial writ that I put together based on stuff from this thread as well as help from a friend and I got that back from the Sheriff Court with a warrant along with a date, however it is not clear what I need to do now.

 

the letter states "The Sheriff Grants warrant to cite the defender by serving upon him a copy of the writ and warrant on a period of notice of 21 days, and Ordains him to answer within the Sheriff Court House (address) on 16th June 2015."

 

So do I just send the landlord a copy of this letter and the initial writ? Or is there more to it? And is this date when I need to show up in court?

 

Do I need to go to court or is this just a date that the landlord needs to reply by? Tried to find stuff on the sheriff court website but there is no info on the process

 

I'm planning on representing myself as the landlord did not use a scheme at all so there is no doubt that he has broken the law in that respect.

 

Any advice is appreciated

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My landlord did not use any of the schemes for my deposit which I found out after leaving the property. I have lodged an initial writ that I put together based on stuff from this thread as well as help from a friend and I got that back from the Sheriff Court with a warrant along with a date, however it is not clear what I need to do now.

 

the letter states "The Sheriff Grants warrant to cite the defender by serving upon him a copy of the writ and warrant on a period of notice of 21 days, and Ordains him to answer within the Sheriff Court House (address) on 16th June 2015."

 

So do I just send the landlord a copy of this letter and the initial writ? Or is there more to it? And is this date when I need to show up in court?

 

Do I need to go to court or is this just a date that the landlord needs to reply by? Tried to find stuff on the sheriff court website but there is no info on the process

 

I'm planning on representing myself as the landlord did not use a scheme at all so there is no doubt that he has broken the law in that respect.

 

Any advice is appreciated

 

I'm afraid you need to instruct sheriff officers (or equivalent if not in Scotland) to serve the warrant and writ on your behalf. If you are successful, the costs of this can be reclaimed from the defender.

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Thanks for the reply.

 

So this isn't something I can do myself? Ok. How do I instruct a Sheriff Officer to do that? Is it a case of calling the Edinburgh Sheriff Court (which has jurisdiction for where I live) or would I send them a written letter?

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  • 3 months later...

Hi Lauryn

Thank you for all the information you have posted. I am in the same position as you found yourself, it seems that no solicitor wants to touch this type of case and I've ended up having to pursue this myself. To be honest without your time and effort I think a lot of people including myself would be without hope!

 

I would be grateful if you could answer a couple of questions.

 

1) At the top of the initial writ do you write the pursuers and defenders full name and address or is 'design' meaning tenant and landlord respectively?

 

2) Again do you sign date and address at the bottom of the writ?

 

3) Last of all can you remember what forms you had to submit to be served upon the defender (through the Sheriff Officers)?

 

Thank you in advance.

 

Regards Timj

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  • 6 months later...

Hello LaurynM.

 

I have just finished reading this thread, and want to thank you for all the information which you have provided. I wanted to ask if you could please upload the files of the 'summary application' which you did before. It seems that I cannot open the files you uploaded before. You help would really be appreciated as we are preparing to represent ourselves in court. Thanks again

 

Sullyfamily

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  • 8 months later...

I moved out of a rented property in Aberdeen on the 15th of September 2016. It was a short assured tenancy for 6 months My landlord did not secure my deposit of £650 in any deposit scheme and only returned part of it (£500). I would like to submit a summary application for the remainder of the deposit and compensation but have only 6 more days to do this as it will soon be 3 months since I moved out. I don't live in Scotland anymore. Is it possible to submit a summary application by post or electronically?

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Thread moved to the appropriate form...Tomo you would be better placed creating your own thread.

 

Andy

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I have attached my complete form with personal details removed. Please only consider this as a rough guide - I completed it myself and it is not definitive.

 

[ATTACH=CONFIG]51491[/ATTACH]

 

[ATTACH=CONFIG]51492[/ATTACH]

 

[ATTACH=CONFIG]51493[/ATTACH]

 

Hi Lauryn, the pictures arent availale anymore. I have only 4 days left to lodge a summary application against my landlord. can you please re upload the pictures containing the details you provided

 

Also please do you know how else I can submit the application (perhaps by post (special delivery) or email) as I have since moved out of scotland

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  • 4 months later...

Hi all, My landlord failed to register the deposit within 30 working days. They did it eventually 3 months after the rent started. Also they have never provided the full information under reg 42. I am thinking to lodge an initial writ for summary application. Could some one post (or send me) an writ that worked for you? Much appreciated. Also, can the simple procedure be used instead of summary application if the sought sanction is less than £5000? What is your view on that?

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Hi all, My landlord failed to register the deposit within 30 working days. They did it eventually 3 months after the rent started. Also they have never provided the full information under reg 42. I am thinking to lodge an initial writ for summary application. Could some one post (or send me) an writ that worked for you? Much appreciated. Also, can the simple procedure be used instead of summary application if the sought sanction is less than £5000? What is your view on that?

 

Please start your own thread garnet.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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you asked for views on your case, if it had been a statement about a successful outcome under this query it would have been helpful to the OP but a new question requires a new thread.

I can, but wont it be duplication of this one? After all it is about the same thing?
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I can, but wont it be duplication of this one? After all it is about the same thing?

 

But its not your thread and we cant advise you in the middle of another posters thread....tends to rather complicate matters..thats why all posters have their own threads.....unless posting to an an others to offer advice..assuming you need advice ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 1 month later...
I have attached my complete form with personal details removed. Please only consider this as a rough guide - I completed it myself and it is not definitive.

 

[ATTACH=CONFIG]51491[/ATTACH]

 

[ATTACH=CONFIG]51492[/ATTACH]

 

[ATTACH=CONFIG]51493[/ATTACH]

 

Hi LaurynM, I can not send PM, please PM me your email or any other contact. I'd like to ask you something. Appreciated.

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Hi LaurynM, I can not send PM, please PM me your email or any other contact. I'd like to ask you something. Appreciated.

 

Please do not divulge your personal details by PM to any members LaurynM...if you have something to ask garnet2k ...then feel free it ask it here.

 

Regards

 

Andyorch

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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