Advice on N208

[want to be a happy Tenant]

PLz reply soon. I am waiting badly. I want to submit my N208 ASAP and i has been quite a while now since my end of tenancy.

 

Help needed from experience advisors.

 

Thanx.

[want to be a happy Tenant]

no replies yet:(

[want to be a happy Tenant]

not Yet:(

[Planner]

Hi,

 

Could you-Planner or some one else provide any sort of template to write statement of truth outlining what you mentioned.

the reasons I will have are simlple:

1. there are two claimants -me & my wife compare to one defendant

2. we don't have private transport. we rely on public transport though the ditance it not too great but it is very expensive(Aprx. £250.00) to & from the land located -city by public transport

3. We will have to take a day off from work where as the defedant-LL has his own business and also employees working form him so he can manage day off from his work+ he has his own vehicle.

4. our journey is 3.30 hours + will have to make 2 changes.

 

Plz help me to write the above professionaly to provide it to court so that I can submit it to the court local to me. I also think if I submit my N208 without outlining above with statement of truth to my local court and gets accepted and then my LL gets a chance first to get it chancged to his court and I dont' want to give that precious chance to him.

 

Plz help me write the above presentable to court to get approval so that I can submit it to my local court.

 

Thanx. Plz reply asap.

 

Hi,

 

Havent been online since Sunday.

 

Unfortunatley Im not a solicitor so I am not going to be able to write anything professionally for you (and if I was I am sure I would be charging a hefty fee!). The court/Judge should recognise the fact that you are a litigant in person and so wouldnt expect anything professionally written anyway. Just expand on the 4 points you have made above, a paragraph each should eb more than sufficient.

[jaweb]

Hello,

 

I have just found this website.

 

We just decided today to go to court with our exlandord( agency)

We moved out on 11 February and they still hold back our deposit. Yesterday I went to Citizen Advice to ask what to do.

Today, we went to our agency where they told they had not protected our deposit in any way and plus threated us to take us to the court for illegal subletting.(we used to live in the house before, just at that time, we just rented a room, now the whole house)

First they said they want to deduct £350, when we asked them about the scheme,it was £250 and finally when they threated us, it went down to £100. We have not accepted any offer. They want to pay for those things which were not in the house or was broken because of the ageing.

 

I have never done this before but they were so rude, if even they offer the full deposit back, we would take them to the court.

 

Is there any useful advice what to do?

[DisgruntledTenant]

Hello,

 

I have just found this website.

 

We just decided today to go to court with our exlandord( agency)

We moved out on 11 February and they still hold back our deposit. Yesterday I went to Citizen Advice to ask what to do.

Today, we went to our agency where they told they had not protected our deposit in any way and plus threated us to take us to the court for illegal subletting.(we used to live in the house before, just at that time, we just rented a room, now the whole house)

First they said they want to deduct £350, when we asked them about the scheme,it was £250 and finally when they threated us, it went down to £100. We have not accepted any offer. They want to pay for those things which were not in the house or was broken because of the ageing.

 

I have never done this before but they were so rude, if even they offer the full deposit back, we would take them to the court.

 

Is there any useful advice what to do?

 

Start a new thread for one....

[want to be a happy Tenant]

**********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.

Edited April 8, 2009 by want to be a happy Tenant

[Steve__M]

With respect to the deposit, the law says (Housing Act 2004) the court must:

 

"order the person who appears to the court to be holding the deposit to repay it to the applicant"

 

The 3x penalty is against "the landlord".

 

If you go to the land registry site you can get the details of the owner of the property if you pay a small fee. Hopefully this will be the landlord.

 

In addition to this, get as much evidence as you can of payments made to the landlord, receipts etc. Even maybe get a friend to pretend to be a prospective tenant to gather more evidence?

[want to be a happy Tenant]

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:(

Edited April 9, 2009 by want to be a happy Tenant

[Steve__M]

It's a tricky one. You said you are claiming against (presumably) "the landlord trading as x z rental".

 

Well it may still be worth finding out whose house it is - if the house belongs to the "x y rental" then maybe ask the court to see if they can modify the claim. If it is owned by the landlord, I'd perhaps consider continuing on the basis that he is lying, or still responsible whatever the name of the company. I am not a lawyer though.

[want to be a happy Tenant]

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

[Steve__M]

I think that you have to hope that the judge sees through his evasion. He is the owner of the property, so he is the landlord. He also is most likely the person holding the deposit.

 

If you say that the website also has the wrong name, then print that off too and include it as further evidence of his evasion.

[want to be a happy Tenant]

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??

[Planner]

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??

 

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?

[want to be a happy Tenant]

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.

[want to be a happy Tenant]

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.

[rp.]

Check the online guidance for the correct amount.

 

Edit: Guidance located here.

Edited June 18, 2009 by rp.

[Mr Pipps]

...It looks like you are going to have to file it in the court that covers where the property was related.

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.

[want to be a happy Tenant]

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.

[rp.]

How much is your claim for?

[Mr Pipps]

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.

[want to be a happy Tenant]

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.

[want to be a happy Tenant]

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.

Edited June 19, 2009 by want to be a happy Tenant

[Mr Pipps]

Please read my earlier post again, before repeating questions on points which have already been answered.

 

As I have already explained, your claim is not a claim which can fall within the scope of Part 56. It is just a normal civil claim, and so is subject to the normal civil claim rules regarding default location of hearing.

 

Though I don't understand why you don't just circumnavigate all of this obvious confusion by filing with MCOL online.

[want to be a happy Tenant]

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.