Deposit Not Protected...Is it Landlord or Agent...Landlord now wants us to take legal action with him against agent...

[help me kick his butt]

Hiya, welcome to the forum.

It is plain to see that the Landlord is worried that he will be sued for the 3 x penalty( you may or may not know about this?)

I would be very tempted to fill out form N208 at get it to the court very quickly, fee £150.

It is a legal requirement for your LL to protect the deposit, you cant choose to opt out of this.There is a TDS that allows your LL to keep the money, if he wanted to , he should have used that one.

I absolutly would not sign the paperwork that your LL has given you.

If you sue the LL for the deposit and x3 penalty, he then, in turn, can sue the agent for it, in certain circumstances.

Please post back with any more questions xxx

[help me kick his butt]

Just wanted to add, it is the responsibility of the LL to make sure the deposit is protected, ultimatley.

[help me kick his butt]

No problem, yes form CPR8 is a simple one to fill in, sounds like you have looked at the correct one.

In my opinion, if the LL has piece of paper saying that you gave permission for him to hold your deposit, I dont see how he can then consider suing the agent. On those grounds I would sue him. As i said, it is a legal requirement as of April 2007.Chat to a Lawyer about it. Ask for a free Half hour.

Try not to get too stressed out love, the procedure is not difficult.

If the LL enters your house without 24 hours notice, and your permission , he is breaching your tenancy agreement.

Edited February 9, 2009 by help me kick his butt

[help me kick his butt]

Shame, some people are like that.

It really is your decision, but he will only know you have done this when he is served his papers from the court.

You have to weigh up if it is worth living in fear of this man? xxx

Lets see how self assured he is when he has to part with £7200 and protect your deposit.

Loads of luck and keep us posted x

[help me kick his butt]

At the end of the day it is your decision whether to sue or not. If the LL sues the LA with your help then maybe you could come to some kind of agreement. You cant be 100% sure that the LL is not pulling the wool over your eyes and trying to get the 3 x penalty for himself, unlikely and cunning but...................

If you just want a peaceful life, state to your LL that it is not your business to sign anything, your only concern is that your deposit is protected. Your LL has no right to hold you over a barrell like this.

The fact that he has said no one else has questioned him on this is of no relivence. The LL has a legal obligation to protect your deposit but as things stand, you dont know where your deposit is.

So, to close, your options are to sue LL/LA as co defendant, for the 3 x penalty and insist your deposit is protected.

Or, tell your LL you want nothing to do with it but you insist that your deposit is protected ASAP or you will submit form N208.

Dont be bullied by this thug. Your deposit should have been protected. x

[help me kick his butt]

My thoughts on this are that they have not protected the deposit, but are hurrying to do so now.

If it is protected before the case comes to court it is very unlikely you will win the penalty x3.

However, I dont particularly feel that you are too concerned about getting the 3 x penalty. You just want to know your deposit is safe, right?

Once you know your deposit is protected, I would let LL and LA fight it out between theirselves,

I would be looking for alternative properties at the end of this tenancy aswell. Seems neither can be trusted.

Do keep us informed x

Edited February 10, 2009 by help me kick his butt

[help me kick his butt]

EEEK, not the best way to do it. Should use form N208.

Small claims court has a maximum of £5000, best to go for that as you could end up with LL's costs.

Off i go to do my school run leaving you with Im not sure what to do, come back in to Ive done it lol

 

In your case you will be claiming for 3 x deposit plus to have your deposit protected until your tenancy ends.

[help me kick his butt]

Right, deep breath Mrs.

Firstly, the courts advice on HMCS website tells you to use form N208, Part 8 CPR. This is £150 to file.

I should imagine that as your case is not a simple one the judge will move it to track. You will have to fill out an allocation questionaire, cost of £35 then the court will send you a hearing date. You then pay £300 for the hearing. Im not telling you this to frighten you, but I do beleive its good for you to know the process and how much it will cost you to carry this through.

Now, lets go back a step or two.

If you decide to still go ahead with this, you need to fill out N208, I can help you do this or there are plenty of stickies on this.

Alot of LL's settle out of court before you have to pay for the hearing fee, so dont panic about that £300 just yet.

Sweet about the cakes, i remember feeling that way when other forum members helped me, thats why I spend so much time on here now, if I can help someone else, it feels like pay back for all the others that helpeed me.

Planner is particularly good on this subject.

PS have a good read of my thread, it should help quite a bit

[help me kick his butt]

Something very important to bare in mind, you really ought to send an LBA, letter before action, giving the LL 14 days to pay your deposit into a scheme or you will be suing for the 3 x penalty.

I know under your circumstances this might be awkward for you as your LL sounds like a bit of a thug.

I did not know anything about a LBA when I started my claim so I did not send one.

If your case went to court, you could tell the judge if a lack of LBA was bought up, that you were frightened of your LL so did not want to do this.

The otherthing that can happen if you send LBA then the LL subsequently protects deposit. In court the judge is very unlikely to award 3 x penalty then.

[help me kick his butt]

You and me both, Im completley confused now x