I won my TDS claim last week. The LL did not turm up for the hearing. But he submitted counter claim along with the documents he submitted for the hearing. But none of it worked.

At the time of the hearing the admin lady took me to the Judge's room and informed the judge that defendant has not come.

It appered to me that before the hearing the judge only read through the original claim form of mine and the claim receipt submitted LL within which he mentioned his initial objection. And also one of the previous order passed by the other judge which rejected the LL's initial objection after reviewing the the evidences I had submitted to prove how unture was LL's initial objection to the claim.

The judge asked me to explain my claim and I took the permission of the judge to give a brief history of the claim as well just to put a good impression i.e. why I had to come file a claim and also I tried to solve the matter by sending him 'letter before action' as well. but he ignored LAB and TDS law as well.

The judge had the page of the law book open infront of her and said she would have to follow the law and penalise the LL. and confimed with me that I am claiming for original depost+ 3* the original deposit.

And she started making notes in her book but then I took her permission to speak again and mentioned that I am not just claiming for the above but also for the interst rate upto the hearing day + the relevant court fees through out the claim + my attendance cost.

And she agreed to all and awarded whatever I was claiming. Judgement was entered against LL and if the money is not recieved within 14 days I can enforce it.

I am very much sure that my LL wont give money within the time limit so I am going to prepare for the enforcement procedure soon. I will be very happy to get any advice about the enforcement procedure.

Send me PM if someone need any more info about my claim.

link to my forums:

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/218621-advice-hearing.html

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/189659-advice-n208.html

This consumer group has helped me a lot . I am very thankful for the support and advice I received. Thank you all.

I won the claim. will put the details later.

Thanks for all the support and advice. This web forum/group rocks.

Link to 'Part 20 COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS' : PART 20 - COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS - Ministry of Justice

The court has not issued his counter claim yet as he is yet to submit the court fee for it. As far as I know he never seeked the permission from the judge - his counter claim has not reached the judge yet.

The reason being we were both gived the date by which we had to submit any documents that we want to rely upon for the hearing. And he had submitted his counter claim along with his documentation for hearing.

I phoned the court to see if they have recieved my documents. And at that time I was only informed that they are also awaiting for the fees from the defendant.

So I am not sure if judge would accept the late submission of his counter claim or wether I could argue on the basis of the PART 20- 20.4

The LL/defendant has filed a counter claim just 14 days before the hearing and I came to know about this 4 days before the hearing through court. I believe he is doing it as he might have relaised that he has no escape from the penalty and hence to compensate the penalty he is trying to couter claim for some amount using untrue matters and all. I have enough evidneces to fight that but wanted to know whether he has any right to file it now without court's permission.

 

As the 'Part 20 COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS'

20.4 says this:

(1) A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.

 

(2) A defendant may make a counterclaim against a claimant –

(a) without the court’s permission if he files it with his defence; or

 

(b) at any other time with the court’s permission.

 

 

(Part 15 makes provision for a defence to a claim and applies to a defence to a counterclaim by virtue of rule 20.3).

(3) Part 10 (acknowledgment of service) does not apply to a claimant who wishes to defend a counterclaim.

 

Is it applicable to my TDS claim as well?

The LL/defendant has filed a counter claim just 14 days before the hearing and I came to know about this 4 days before the hearing through court. I believe he is doing it as he might have relaised that he has no escape from the penalty and hence to compensate the penalty he is trying to couter claim for some amount using untrue matters and all. I have enough evidneces to fight that but wanted to know whether he has any right to file it now without court's permission.

As the 'Part 20 COUNTERCLAIMS AND OTHER ADDITIONAL CLAIMS'

20.4 says this:

(1) A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.

(2) A defendant may make a counterclaim against a claimant –

(a) without the court’s permission if he files it with his defence; or

(b) at any other time with the court’s permission.

(Part 15 makes provision for a defence to a claim and applies to a defence to a counterclaim by virtue of rule 20.3).

(3) Part 10 (acknowledgment of service) does not apply to a claimant who wishes to defend a counterclaim.

Is it applicable to my TDS claim as well?

Thanks misselle,

After reading the reply of 'Mr Pipps' I felt really bad for this whole consumer action group. On this web group people come with their problem to get advice, find solutions and some information to fight the injustise and the mistreatment that they received. And now here we get people like Mr. Pipps who either try to make fun of others by his rude/ offensive comments or by insulting others on this group. I noticed this behaviour in some of the other forums as well but unfortunately this world is not fair and we do have to live up with this type of people.

People come for advice and support but this type of people can not be of any help but would certainly do harm. Beware of them. Its just best to ignore their comments.

Well, As I mentioned earlier I created this forum to get tips such as, what not to do - that could displease the judge. and what things are to follow to make effective impression.

I just want to get some useful tips from others experience which can make things easier and effective.

Update: Its my hearing this week, to discuss and get advice I have created new forum for Hearing. Please find the link below.

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/218621-advice-hearing.html

Hi,

It is my hearing this week. I would really appreciate advice or suggestions, not just from the court experienced people but from any one who has the knowledge of hearing procedures, behaviour requirement, talking manners, documents handling etc. Please reply soon. I am bit nervous at the moment. Please help.

And one more thing I came to know is that the LL has filed a counter claim. the things he is going to bring are all untrue. I have just been told that counter claim will also be heard at the same time as my TDS claim hearing.

Link to my previous thread: http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/189659-advice-n208-3.html

Please reply soon.

Thanks for the replies.

But I am suspecting from his e-mails to me that he is going to prepare a letter addressing to the judge mentioning all the untrue damages and losses etc. but with witness statement etc. even the though the matter he is making up is completely untrue but unfortunately there are people who would write and sign for him.

Is there any offcial rule that I can refer to point out the fact that he can not claim any money therough this cliam as it was submitted by me. And he will have to file a separate one if he wishes to..

Hi DisgruntledTenant,

thanks for the reply. Could you please reply to the PM I sent you,

regarding the details of 6 TDS cases that you have. plz reply soon.

My understanding is that he cant, and I believe his counterclaim will actually strengthen your position. Remember its just another consequence you as a good tenant has had to go through as a result of him not abiding by his statutory requirements as a LL.

 

See Stankova v Glassonbury (2008) | Deposits | Case Law

 

Note the judge accepted the tenant’s argument that the award was a strict liability penalty, and that consequently there was no provision for counterclaim for outstanding rent arrears or other arguments about the return or retention of the deposit on the basis that a statutory scheme included arbitration for disputed about returning or retaining deposit monies.

 

In other words, why should a tenant have to pay for legal advice, spend time preparing etc when there is a perfectly good and free service provided by each of the TDS's and the only reason you cant use this free service is because the LL hasnt met his statutory obligations.

My LL has offered me the original deposit only. I have not accepted his offeres so now he is saying that he will submit counter claim and will claim for loss and damges I have made (which is completly untrue) during the tenancy, his time for attending the court etc.

Can he claim any money through counter claim.

Does he not have to submit separate claim for damages etc. if he wishes to ??? As this claim is for TDS non-compliance and it is submitted by me.

for info: I left the place in much better condition than what was given to me.

I am not worried that he is trying to counter claim but as he is untruly trying to claim damages and trying to scare me. So I wanted to know that is it that easy for him to do? Does not he also have to go through the new claim process if he wants me to scare!!!!

I have filed using the N208 few months ago. and my hearing is not far off. My LL has not made any counter claim yet but is saying that he will do one if I go to the court and do not accept his offer of original deposit only!!

Update: I have got the hearing date. that is very soon. judge has ordered us (tenanat and LL) to settle the matter outside and agree upon the cost.

my LL offred me onlt the original deposit which is a joke really. in response i mentioned how much I am claiming for and asked him to give me any good offer.

But in reply: he came back saying that i misused that certain thing and he had to replaced it. and mentioned that if i proceed to court then he will claim for the property charges and repair cost etc.

can he claim for the repair cost etc? even if he did not protect the deposit.??

PS:I did not damage anything by the way. he says he will get the witness statement etc.

Thanks.

I do not believe that is correct.

 

Administration in the court concerning the location of the land is only the case in instances of 'landlord and tenant issues' such as repossession claims. The guidance is of course very unclear on this - and when it mentions 'landlord and tenant matters' - it is understand that some might assume that TDS breaches must fall under this category. But that would be a grave error to make.

 

I can assure you that a TDS breach is not classifiable as a 'landlord and tenant matter' - but as a straightforward civil matter. The claimant would not be bringing action to take possession of land or remain in occupation of land. The claimant under these circumstances would be bringing action for a civil breach - and nothing more.

 

And as we all know, in straightforward civil matters, the determination of the location of the court depends on the status of the proposed defendant. Where the defendant is a company or other commercial entity, then it is in the claimant's local court. And where the defendant is a private individual, it should usually be in the defendant's local court, pending the outcome of an attached application to the contrary.

 

I hope this clarifies the true position for everyone.

Well earlier I had response on this matter that was bit different. I would appreciate if you could throw some light on it and advice.

Earlier response:

"

Part 56 (now covering s.214 HA 2004 claims) states at 56.2:

"The claim must be started in the county court for the district in which the land is situated unless paragraph (2) applies or an enactment provides otherwise"

[paragraph (2) relates to claims in the High Court]

PART 56 - LANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND

"

Thanks.

Sir/Madam

 

May I respectfully advise that you seek professional help.

 

If you can't even formulate a response to your allocation questionnaire, you should seriously ask yourself whether you are capable of representing yourself with your claim.

 

Also, I would like to second rp.'s request for salient details concerning your claim. If you hadn't edited your first post, this information would of course already be available for us to provide you with a quick response. I response, I might add, which you could easily already determine from the pdf which has already kindly been linked-to.

 

With regards to a suggestion of the time necessary to present your claim, I imagine you would require no more than fifteen minutes to present your side of the story. The defendant, if attending, would then be given a similar allotment of time. You would then be given the option of a few more minutes to respond.

 

I hope this helps.

Yes, It certainly helps. I have filled up the form but I was seeking advice because I haven't had any experience/heard of the court hearing or anything. So I was worried that If the time I put would not be enough then I might get into trouble and also If i put more then I might have to pay more of the court/judge changes.

Thank Mr. Pipps for the advice. I will keep that in mind.

Help for the allocation questionnaire form:

Que: How long do you estimate it will take to put your case to the court at the trail? (How many Hours/ Days?)

Ans.???? Please help.

And I have been asked to pay £200. Is it the correct amount?

Please reply soon. I need to send it back very soon.

PS: Mine is the N208 claim.

Update and Help:

I have received a allocation questionnaire from the court. The form is easy to fill except:

Q. How long do you estimate it will take to put your case to the court at the trail?

A.. Please help.

And I have been asked to pay £200. Is it the correct amount?

Please reply soon. I need to send it back very soon.

Thanks.

I think you need to find out why it has been transfered to a different court. There could be a valid reason i.e. is that where you landlords company is registered? You need to ring and ask the court.

 

I thought you where sending a affadivit/statement of truth outlining why you want it holding in your own town?

I was going to but I did not- and tried my luck wether it can go through leeds without getting transferred but now i will have to do something about it. i did phone the new county court for my case but they havent received it yet. as it has only been two days since it was sent. but i will find out and also try to get it back to the court where i live but for that i will need help of you guys to pen down some proffesional looking request to the judge.

Help to write a request letter to get the case transferred.

thankx.

Update:

After I submitted my claim. My LL in his defence sent the defence form saying that the name on the contract is not the name he trades as. To his response I sent further evidence to the court. Well now the turn is so bizzare that I can’t see any logic or reason behind it.

Well what happened is my case has been forwarded to the county court in some other town that has nothing to do with the case.i.e not the town of my LL, not the town of where I live nor where the property is.

Well please advice how can I get it to the town where I live or at least close to it. And how can I know the reason behind this move. I have already phoned the court to know the reason behind it but they say in our system it just says that it has been forwarded. Well I haven’t received a letter from the court yet. I want to be well prepared just in case. Any template to request the judge to get the case close to where I live?

Please advice what to do??

Is it no N208????

I have read on this forum that one must submit N208 not N1 to the county court re: deposit claim. At once there was one big debat going on wether it is N1 or N208. finally as far as I remember the outcome was that it is the N208 one must use.

I have found out from the land registry that my LL is one of the owners of the property. i dont know who the other person is. but i have been paying the rent to my LL

thanks Steve_M,

My LL is not denying that he is not the owner of the property or anything.

He is saying that the tenancy contract does not have his name on it. and also the name -the rental agency name which is there on the contract is incorrect and does not have anything to do with him.

the problem is - his employee made a typing mistake or did it on purpose- i dont know.----the name for rental agency on the contract was typed incorrectly and at that time i did not know that it was incorrect as he also has a website by that name- the name on the contract so the doubt did not occure-- well insted of ' x y rental' it was typed as ' x z rental'

and that is why he is saying that the contract does not have anything to do with him.- but the contract has his employees's signature.

Wat can I do? How can I prove that the contract is correct. He is simply denying that the contract which i submitted has nothing to do with him. and that is how he is trying to get away with it . without paying me my deposit plz help:(

**********Update************

Plz Help.

After receiving my N208 claim form my Landlord replied and is going to contest the cliam objecting :

The copy of the tenancy agreement is incorrect and mentioned that the one in the contract-the rental company does not exist and the agreement make no reference to the LL's name

He also disputes the allegation that he is trading as the rental name on my contract.

Also says that there is no evidence to prove that the LL has any connection with the agreement made between him and the rental company.

Info: my contract says the rental company name which I used for my claim as --Mr. LL trading as the 'rental comapany name'

Wat to do ???? Plz advice urgently.

Thankx.

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