Deposit issue - Landlord living abroad

[ITMC]

Just ended 1 month ago my 12 months AST and my ex-landlord is ignoring my request for the return of the deposit (£1500!). I am quite tired of chasing him around and unfortunately, also short of money . I have decided to take him to court for both the deposit and for compensation for disrepairs occurred during the tenancy. My landlord lives abroad and the property was managed by agents, the address on the tenancy agreement was C/O the managing agents. All my corrispondence during the tenancy has been with the agents.

 

Am I correct assuming that the correct address for serving the notice is C/O the managing agents address (for both compensation and deposit), even after the tenancy has expired? The deposit was paid to the agents and the tenancy agreement is silent about them being stakeholders or not. I was thinking to sue the landlord with the agents as co-defendants. Is this the correct procedure? Could the fact that the landlord is resident abroad be a problem?

 

Help would be greatly appreciated ...thanks!

[Planner]

Sounds like you know what to do.

 

- Serve the Landlord the N1 form C/O the agents.

 

- If your unsure who has the deposit then ask the agents? If not then its quite acceptable to list both the LL and agents on the N1 form, just make sure you have done the Letter Before Action on the Agents as well as the LL.

[MrShed]

I could be wrong(Esio will correct!) but I think if the tenancy agreement is blank, then the deposit is held as stakeholder?

[ITMC]

Just found this line in the tenancy agreement:

 

"where the deposit is held by the Landlord's Agent then the Agent will act on the Landlord's instructions"

 

what does that mean ?

[rosysparkle]

It means that the agent will take the landlord's instructions on the return of your deposit, or any deductions to be made thereon, rather than making the decisions themselves.

 

Do you know if the agents are still holding your deposit?

[Esio Trot]

Just found this line in the tenancy agreement:

 

"where the deposit is held by the Landlord's Agent then the Agent will act on the Landlord's instructions"

 

what does that mean ?

 

Sadly for you, it means it is held as Agent for the Landlord. Thus you can only sue the landlord, not the agent.

[ITMC]

I know that the deposit was originally kept by the agents but unfortunately I don't know where is now as the agents are unhelpful...they told me in the beginning that the deposit would have been returned whithin a "reasonable" time (talk about obscure terms ) and then switched to "ignore calls and mails mode" .

 

I don't have a direct contact with the landlord who lives abroad (but I know his address), all corrispondence during the tenancy was with the agents.

[ITMC]

Sadly for you, it means it is held as Agent for the Landlord. Thus you can only sue the landlord, not the agent.

 

Hmm...does that mean I'll have to pursue the landlord abroad of that I can serve the notice to the landlord C/O the agents' address which is the address written in the tenancy agreement?