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Preparing TDS claim - need urgent help


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Hi Everybody,

 

I am about to put in a claim against my landlord for not protecting my deposit and not giving me prescribed information. I have a few questions, will be grateful for all the help I can get.

 

1. I have read the threads in this forum and I know N208 is generally

considered a better route to sue. However, I am doing it on

moneyclaim.gov.uk and it doesn't give me option of any particular claim

form number. Am I missing something? Would I be better off doing it by

post? I want to do it online because it can be done from home and can be

tracked easily too but I want it to be a perfect claim so I will do it by

other methods if needed.

 

2. How should I go about attaching evidence if I am claiming online.

Agreement, emails, text messages etc.

 

3. It comes up with a section 'Claim amounts' which has 4 columns-

Amounts claimed, Court fee, Solicitor's fee and Total amount.

I am claiming for deposit plus 3 x deposit amount, court fee, interest,

money spent on finding landlord address and loss of income. Should I be

putting all these costs (except court fee which obviously goes in column 2)

in column 1 i.e. Amounts claimed? And give the break down of claimed

costs in the 'Particulars of claim' section?

 

Please help. I want to do it as soon as I can.

 

Many Thanks, Reneerana

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OK, recent development!

Landlord panicked and protected my deposit now after several threats of intention to take him to court. However, he's still lying and saying he did it last year soon after taking the deposit and also gave the prescribed information. However, I had confirmed with scheme 2 weeks back and it was not protected then. What to do in this case? I would still like to teach him a lesson for all his lies, cover-ups and other things. I have enough written proof of his non-compliance and lies.

I am wondering what should I claim for in this situation. Just 3 x deposit amount as penalty for non-compliance?? Please help.

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Hi I'm in a similar situation to you but a bit further along, we now have a court date. Our claim was started on moneyclaim website, doesnt seem there is a choice of form to use on there though, just typed our claim in using the wording found on this forum : http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/126261-tds-court-claims-wording.html

 

Main problem we had on moneyclaim was the limited space to actually type your claim in, had to delete quite a bit and just leave main points. Other than that found it an excellent system to use, you dont need all your evidence at this stage that will come later. When our LL put in a defence to the claim (says he wasnt aware of the legislation and immediately protected the deposit) it was transferred to the county court system. Not sure what you actually claim for given your LL protected the deposit before the claim, I'd presume just the 3 x penalty but hopefully someone on here will answer you soon. As you'll see I've also posted a question further down from yours about witness statements.

 

Good luck!

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Thanks, Redmax. I read your post yesterday. In my case, the LL can't say he wasn't aware of the law because he has maintained that it was protected all the time and he gave me prescribed info too. Totally untrue. I have proof that he has done it recently and mainly because he became convinced of my seriousness about initiating a court claim. He has been rude, arrogant throughout the tenancy and a very confident liar, though not a convincing one. I will do all I can to teach him a lesson. I am also meeting the TRO at local council as I understand they have the powers to sue him for his failure to provide an address for himself. I have also already contacted Inland revenue about my suspicions of tax evasion on his part.

Please keep updating about your case and thanks again for sharing info with me. Greatly appreciated.

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I am in a similar position, so I am very interested in how your cases proceed. Actually, I am having numerous problems with the managing agent of my property. After contacting previous tenants and discussing the situation with the concierge staff and helpful neighbours, I have learned that such behaviour from the agent is nothing new.

 

I am hoping to be able to negotiate a settlement with the landlord eventually, but in the meantime, want to deal with the managing agent in the most effective means possible.

 

In preparation for my case, I wrote to all 3 schemes first to determine if my deposit was covered. It was not. I then wrote to the managing agent who claimed it was, who (presumably) hurriedly released the funds to the scheme. I telephoned the scheme administrators first to understand why I might not have received an ID 4 months ago. It was explained that an ID will only be released when cleared funds have been received, which finally happened.

 

I found the following NUS pack (link found elsewhere on this site) very helpful in understanding the ins and outs, as well as formulating the tricky legal language -- they recommend using N1 for claiming, as did my County Court:

 

http://resource.nusonline.co.uk/media/resource/enforcement_pack.pdf

 

 

Despite all this and having a signed Assured Shorthold Tenancy Agreement, I haven't filed yet, as:

 

(1) My annual rent, on the face of it, exceeds £25,000 - very easy to do in London;

(2) I was considering whether to apply to the Rent Assessment Committee (RAC) first - extenuating circumstances include repairs (MUCH bigger than I was told at the viewing) still not finished and advice from neighbouring landlord, who owns multiple flats in the building, that my rent is indeed quite excessive;

(3) Local council now involved as Gas Safety Check has not been done on the premises for at least 5 years! Nor have the electrics and plumbing been checked by qualified engineers - major short circuiting and severe flooding damage, which the agent misrepresented, has occurred multiple times.

 

If I have a signed Assured Shorthold Tenancy, can that be nullified simply because the annual rent exceeds a limit set in 1990? The managing agent certainly believes it to be an AST and I would not have signed if I thought I would be losing my (relatively few) tenancy rights (when compared to other countries).

 

Given the extreme circumstances, I have suspended one month's rent -- unfortunately, it was the only way to get the managing agent's attention and the required written authorisation to hire my own contractors to finish the job their (likely illegal) crew botched so badly.

 

Also, why is it that rent is the only thing we MUST pay even if the contracted service/product is far from delivered? You would expect a discount on damaged goods in a shop or even refuse to pay for a restaurant meal that was not even close to that listed on the menu.

 

Getting legal action going - landlord's or mine - seems to be the only way I can force the managing agent to put me in direct contact with the landlord (assuming he doesn't know what they're up to) to even try negotiating -- have sent "Section 1...21 days" letter to obtain contact details. I just wish I could let the landlord know that, without evidence to the contrary, this is not intended as action against him, but rather the (mis)managing agent.

 

Should I worry about the £25,000 - willing to be a bit of a test case, although out-of-court settlement still preferred? Should I go for RAC review - it seems expensive?

 

From experience, is the claim amount the deposit itself, plus interest (and charges?)? My understanding was that the triple award was then a penalty the judge must award under the law (assuming agent/landlord found guilty). Otherwise, this will quickly exceed the small claims limit of £5,000 (section 6 of NUS document does not clarify this), with much higher legal and court fees.

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Hi Reneerana

Here's the wording you asked for on my other thread. Don't take it as 100% accurate though as I'm no expert and as I said I had to adjust the wording from Planner's original to make it fit on the moneyclaim website (I even didnt claim interest to save space!)

 

The claimant makes a claim under the Housing Act 2004 section 214 (1)(a) that the deposit of (insert deposit amount here) for the Assured Shorthold Tenancy for (insert address here) was not paid into an appropriate tenancy deposit scheme in accordance with section 213(1) of the Housing Act 2004 or the claimant did not receive the prescribed information concerning which Tenancy Deposit Scheme was to hold the deposit within 14 days of the defendents receipt of the deposit on (insert date deposit paid here) in accordance with section 213 (3) of the Housing Act 2004.

Therefore:

1. The claimant asks that the court makes an order in accordance with the Housing Act 2004 section 214 (3) to the sum of (insert deposit amount here).

2. The claimant also asks that the court makes an order in accordance with Housing Act 2004 section 214(4) to the sum of (insert 3 x deposit amount here).

We are making a total claim of (XXXXXXX = deposit + 3 x deposit + interest if you're claiming it + court fee).

 

Please check through this though and compare with Planner's thread link which I gave you as I can't guarantee it's correct, as I said I had to cut out some of the reference to wording of the act because of the lack of space on moneyclaim.

 

Good luck again!

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Hi Stressed Tenant, sorry to hear about your case. I am afraid I have no clue about your situation but hope someone experienced on this forum will come along to answer your question.

Good luck!

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Should I worry about the £25,000 - willing to be a bit of a test case, although out-of-court settlement still preferred? Should I go for RAC review - it seems expensive?

 

Yes. In fact, the £25k means that you have zero chance of winning.

 

I realise this seems unfair(and it is) but it is the law.

 

Can I (nicely!) suggest that if you want to discuss your case any further, you create your own thread - you are in danger of getting lost in what is not a directly related thread.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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