Confusion Over Deposit Claim Court Forms

[wriggly1983]

Am about to submit a claim against my ex-landlord but am confused about how to correctly complete the forms.

 

I have two parts to the claim - one is the requesting the return of my deposit (due to unfair deductions) but I'm also considering claiming compensation for failure to protect my deposit. The only issue with the latter is that I think my landlord may be deemed resident (therefore not required to protect the deposit at all)

 

If one part of the claim is thrown out by the court, does it weaken the other half of the claim? In which case should I submit two seperate claims to begin with?

 

I also called my nearest county court to check opening times and the clerk advised that they could not accept claims for compensation. they only accept ones where the claimant is asking for the deposit to be put into a scheme, which doesn't apply to me as I have left the property now.

 

Has anyone else experienced this? is it a court specific thing?

 

Thanks in advance!

[Steve__M]

Why do you think your landlord may be resident? If he is, you need to make a claim using N1 form for return of whatever part of the deposit you deem unfairly withheld.

 

If you decide he is not, then (I am told) you need to make a claim with respect to failure to protect your deposit using N208, and ask for return of the deposit plus the 3-times penalty for failure to protect.

 

See here for example:

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/126261-tds-court-claims-wording.html

 

 

In either case, you should probably send a letter marked Letter Before Action to your landlord stating the action you are intending to take.

[Steve__M]

PS.

 

You say in your other thread that:

 

The property I wa slivign in is an old Victorian house that is converted into two self-contained flats. Each have their own seperate entrances and don't share any facilities other than the garden/driveway.

 

Lack of shared accommodation probably means you'd be deemed to have had an Assured Shorthold Tenancy. Definitely worth a letter to your landlord as he might cave in and pay up under threat of the 3x fine.

[wriggly1983]

Hi there, I have issued a letter before action, requesting a copy of my TDS certificate and threatening the court action in the hope it might prompt him into paying up but to no avail. I've sent a follow up by special delivery but he saw my name as sender and refused to accept it off the postman!

 

I believe him to be resident as I read somewhere on the web that a building converted into flats where he lives in one and I the other would make him a resident landlord.

 

As there is uncertainty should I submit an N1 claim for the deposit and N208 for the failure to protect element? It obviously means two court charges but I'm happy to do that if it strengthens my chances of getting something back off him!

[Planner]

As there is uncertainty should I submit an N1 claim for the deposit and N208 for the failure to protect element? It obviously means two court charges but I'm happy to do that if it strengthens my chances of getting something back off him!

 

No. You should find out one way or the other what the tenancy agreement is (unless of course your made of money and dont mind the £x of submitting a N1 and a further 'speculative' £150 to submit a N208.

[wriggly1983]

Regrettably I don't have endless cash but I'm also trying to ensure my claim doesn't fail due me to not following process properly!

 

I've read up a bit more today & found the following on a government site:

 

"In law, a resident landlord

letting is one where the landlord and the person he

or she lets to live in the same building. This includes

conversions where they live in different parts of the

same property (however long ago it was converted)."

 

This is basically the set-up I had and therefore he was a resident landlord. I'm therefore submitting an N1 form tomorrow for just the deposit claim. Fingers crossed the golden rule of 'no inventory - no deductions' stands true!