advice needed for 3 x deposit

[ironica]

Just joined as i have read through a lot of useful posts on here rergarding problems with landlords etc.

 

I took out a 6 month tennancy on 20th June 2008 with my partner, through a reputable agency. I pad the deposit myself (£1150) and this was reflected in the agreement. An itinerary was conducted with me by the agency prior to moving in. Copies of these were duly signed by all and i have mine. It was not until the last month of the tennancy i realised the deposit was not protected. It was only a situation a friend was having renting his porperty out that made me check. The agreement states the deposit IS in the DPS scheme. The landlord confrimed (finaly) that he had it with him. To be honest all i wanted was my deposit back, i wasnt really interested in chasing 3 x deposit. However, things turned towards the end of the tenure. We are now in dispute about the deposit and there is no prospect of a resolution. I have checked with the DPS and they have confirmed there is no deposit with them. So i wrote to the landlord and outlined why i dispute his claims and told him that if he refuses to return my deposit (less some reasonable expenses i ahve agreed to) i will be taking him to court for his failure to secure my deposit. I stated this was because his action has denied me the opportunity of arbritration within the scheme. I gave him 14 days to respond, which expired today.

 

I have a few questions that would like to ask some of the more experienced people here:

 

The tennancy was in joint names - do i need to file in joint names or just mine? I no longer have any contact with my partner. The deposit was paid by me and this was clearly stated in the agreement.

 

Is this a simple case that can be done with a moneyclaim online? or would i be better off going into a court to do so?

 

I will be out of the country for 3 weeks from end of Feb - should i wait until i get back? not sure of timings here.

 

Any help with this or other advice would be very much appreciated.

 

Ironica

[help me kick his butt]

Hi there. If deposit paid by you was clearly stated in the contract then I would just go ahead and claim on your own.

I would not use moneyclaim online, you need to use form N208 which can be dowloaded from HMCS website.

I dont see any reason for you to stall starting your claim. You could always write to the court manager explaining your absence for 3 weeks.

Best of luck and any more questions, just ask. It would be a good idea to read my thread as i have reported step by step on the process.

[direct2000]

 

I have a few questions that would like to ask some of the more experienced people here:

 

The tennancy was in joint names - do i need to file in joint names or just mine? I no longer have any contact with my partner. The deposit was paid by me and this was clearly stated in the agreement.

 

Is this a simple case that can be done with a moneyclaim online? or would i be better off going into a court to do so?

 

I will be out of the country for 3 weeks from end of Feb - should i wait until i get back? not sure of timings here.

 

Any help with this or other advice would be very much appreciated.

 

Ironica

According the tenancy agreement the landlord can return the deposit to one tenant for both of them

I had a joint tenancy, my wife vacated property 4 month before the end of tenancy

I asked for deposit, The landlord paid money to my wife in secret of me

I applied to small claim court and waited for 3 months for the hearing

Finally, in 14 days the landlord paid me 3x deposit minus money he paid to my wife plus court fee I paid. He has no right for appeal. This case is very simple. Sorry for my bad English. The landlord do not have a right to deduct any money from deposit if you disagree- the one way for him exist - go to the court.

 

You can apply for this question during 6 years after the agreement ended.

You are British and must know this information.

 

Good Luck....

If you want I can give you some useful links

Limitation Act 1980 (c. 58)

Limitation Act 1980

5 Time limit for actions founded on simple contract

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

Mobile

Edited February 15, 2009 by direct2000