TDS Claim and LL counterclaim

[Guest Alison82]

Hi can someone please explain to me what exactly is "Writ of Fi Fa" and how to do one.

 

I have an outstanding debt of approx £5100 from my ex-LL. He has no intention of paying. The third Party Debt order did not work as there was no money in the account.

 

Thanks

[Planner]

Writ of Fieri Facias

 

I suspect you need to have a good google to find out more.

 

Appears to be forms 53 to 63 on the Court website http://www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do

[Guest Alison82]

Ok thanks, thats probably why I couldn't find any information on it, it was spelt incomplete.

[Guest Alison82]

Ok I need some help now, I am really annoyed with both of my ex-LL. I’ll briefly explain the situation.

 

LL 1

Me and my flatmates moved out in summer of 2007 after living there for 1 year. The TDS did not apply to our deposit. LL withheld the deposit for silly reason; we took him to court and won. He paid and that was that or so we thought.

 

LL2

Lots of bother with them, they just wanted to make money in the housing boom and didn’t have a clue about what a LL is. We took them to court for our deposit and won plus time 3. They owe us over 5k but they have just ignored us for the past year. (We have been dealing with LL 1 during this time, one at a time)

 

LL 1

During our 1st case, decided to change the name of the council tax from his name to ours out of retaliation fro taking him to court. Just won the case the other week and he has until today to pay up. This time he has decided not to pay.

 

So LL 1 owes us £1200 by today. LL 2 owes us 5k as of May 2009

We tried a Third Part Debt order for LL2 didn’t work they had no money in their account.

 

Want to try bailiffs to both of them but wondering if the amounts are too high to the court bailiffs to reclaim. As last resort we would be willing to do a Charging order followed by on Order of Sale.

 

And advice would be greatly appreciated.

Thanks in advance

[Guest Alison82]

Anyone??

[MrShed]

What about Attachment of Earnings?

[Guest Alison82]

My partner and I are renting a property. The contact end date is 1st December 2010, after a conversation between the LL we decided not to renew the contact and move on elsewhere as it was out of our budget and that caused us to pay our rent late a few times. The LL said to my partner to think about it for a few days and get back to him on Friday, he also offered an alternative of taking £500 out of our deposit and spread it out over 5 months.

 

We decided to still leave and not to renew our contact. I told his assistant this on Wednesday (2 days before the deadline) as she emailed me. On the Monday the assistant emailed me again to ask what was happening, I told her that I gave her my answer on Wednesday, anyway my partner called the LL and the LL just had a go at him, talking about the late rent payments that has now been resolved.

 

The main thing is that the LL wanted us to give him 1 months written notice, as this conversation took place on 8th November he wants our leaving date to be 8th December 2010? Surely if the contract ends then it ends and no notice is required, isn’t that the whole point of a contract.

 

I hope he does not expect one week’s extra rent payment?!

 

Our deposit has not been protected, I did not bother too much about it as he was my partners ex client and he was a really nice man up until now.

 

What should I do?

[Planner]

Your contract ends on 1st December. There is no requirement to give 1 months notice ig you are going to move out at the end of the contract.

 

If your deposit is one that should be protected - then it should be protected. Ask for it to be so.

[Guest Alison82]

Yeah I thought so, thanks

[Guest Alison82]

Update:

 

Well surprise surprise the Landlord is refusing to give back our deposit, he told me to f****** get a solicitor so I just went ahead and filled the claim. Our deposit was £1500. His reasons being fingernails on the table (I don't understand this) dirty light switches messy kitchen floor, to be fair when we first moved in the decorators didn't seal the titling to the kitchen floor and it is a sandstone material which stains very easily, we did tell him about this in our first few weeks of living there but he didn't do anything about it.

 

There was no check in inventory list, but now the LL wants to get an' independent’ check out inventory clerk.

 

What crap luck I have rented 3 properties and all 3 landlords have kept my deposits!!!

 

One question, I read that if the landlord secures the deposit in a scheme before the court date he can get let off, is this true??

[Guest Alison82]

Anyone???

[DarthWabbitt]

Hi

 

Refer to the sticky entitled Unfair deposit deductions.

 

No inventory at the beginning means that he has got nothing to refer to for the checkout. I have been told by both a lettings agent and an inventory clerk that if the LL prepares their own inventory, as opposed to having it done professionally, they are in an extremely weak position and usually fail in their endeavours for any claims.

 

You told him about the issue with the floor and he has failed to address it.

 

Cheers

[Guest Alison82]

Many thanks, that is true

[Guest Alison82]

Update:

 

I have just heard back from the court and our claim has been stayed as the judge wants to know why the claim was issued as a part 8 (N208 form) instead of a part 7?

 

I'm not sure where I read this but I heard that you issue it as a part 8 as you are claiming 'something other than money' in this case compensation that is awarded? I have used the same foem for they same type of claim before and it was fine but at another court.

 

Cany anyone help, thanks

[Guest Alison82]

I found the answer.

 

Types of claim in which Part 8 procedure may be followed

8.1

(1) The Part 8 procedure is the procedure set out in this Part.

(2) A claimant may use the Part 8 procedure where –

(a) he seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact; or

 

 

I Landlord and Tenants Claim

56.1 Scope and interpretation

(1) In this Section of this Part ‘landlord and tenant claim’ means a claim under –

(a) the Landlord and Tenant Act 1927 1;

(b) the Leasehold Property (Repairs) Act 1938 2;

© the Landlord and Tenant Act 1954 3;

(d) the Landlord and Tenant Act 1985 4;

(e) the Landlord and Tenant Act 1987 5; or

(f) section 214 of the Housing Act 2004 6.

[xoAmyox]

Sorry its not an answer to the question originally asked, but hope this might help. If you are unlucky enough to have this judge at any future hearing, I would strongly suggest putting on your nicest, sweetest voice as it appears he is not at all knowledgeable in L&T law, and WILL need to be informed of various pieces of legislation. Do your homework as best as possible, and do everything you can to defend yourself without annoying the judge. Best wishes and best of luck.

[Guest Alison82]

^^ hi , yes I agree. This court isn't as informed as the court is usually use but I have just moved to I have to use this one.

Thanks

[steven4064]

Part 8 is also used for things like personal injury claims, harassment, assignments of contracts. There is a complete list of cases where part 8 must be used here

[Guest Alison82]

Hi CAG

 

We have recently entered a claim with our local CC using the part 8 channel for our deposit as it was not insured and not returned to us when we vacated the property.

 

The LL has filed a countered claim although he has done it wrong and issued a new claim) for late rent payment charges of £25 per day and cleaning charges. Both of which are unjustified as when we paid our rent late (quite a few time during the last 6 month) he said he doesn't charge £25 per day it is only t deter tenants from paying late, when we left everything was up to date and we have emails leading up t when we left although none of them say we don’t have to pay the fee, they imply that all payments are up to date. Cleaning charges are not justified and we have a witness and photos to prove the place was spotless.

 

Just wanted some advice about these fees as it would add up to about £3k. Our claim is for £6k

[Guest Alison82]

bump

[Steve__M]

Not being a lawyer I suggest the following.

 

Argue the £25 on the basis that he told you he wouldn't charge them (and that he didn't charge them until now) *and* on the basis that they are an unfair penalty.

 

It may be that there is something in this document about such "fines" that you could quote. This document is not "the law" though:

 

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

[Guest Alison82]

Update: well we going to court next week, the LL also issued a claim for charges on late rent payment but I'm not to bothered about that

[steven4064]

Do you want to post the paperwork here? (names removed of course)

[Ed999]

I have been told by both a lettings agent and an inventory clerk that if the LL prepares their own inventory, as opposed to having it done professionally, they are in an extremely weak position and usually fail in their endeavours for any claims.

 

They told you that because they wanted to sucker you into paying them to do it.

 

An inventory and schedule of condition prepared by the landlord is perfectly acceptable to the court, provided merely that it is counter-signed by the tenant to indicate the latter's agreement with it.

 

In my experience, important items of disrepair will be overlooked by the tenant whether or not the inventory is professionally prepared.

[Ed999]

My advice is applicable only if the rented premises are entirely within England and Wales, and only if you were granted a shorthold tenancy (under which you [and your spouse/partner/children if any] had exclusive use of at least a bedroom, a kitchen and a bathroom, none of which were shared with another tenant nor with the landlord) and you were over 18 years of age when the tenancy was granted.

 

 

The tenant need not give any notice, if a fixed term is granted, in order to move out on the final day of the fixed term - and can move out earlier, but in that case still has to pay the rent up until the final day of the fixed term.

 

 

I read that if the landlord secures the deposit in a scheme before the court date he can get let off, is this true??

 

Read these threads -

 

- Tenancy Deposit Scheme

 

- Tenancy Deposit Protection - First High Court Decision

 

- TDS eligibility, implication of breach and legal questions answered

 

 

The case of Tiensia v Vision Enterprises means that if the Landlord protects or repays the deposit on the day of the court hearing, or at any time before judgement [if later], the court will not be able to award you the penalty of three times the amount of the deposit.

 

That may be overturned by the High Court decision in Potts vs Densley, when the long overdue reserved judgement in that case is finally given.

 

 

Note that the Act expressly states that the parties to the tenancy cannot agree not to protect the deposit. So it's futile for the landlord to raise this defence - but many still try to!

 

 

Also read the FAQ about what deductions the landlord can lawfully make from the deposit -

 

- Unfair deposit deductions

Edited April 23, 2011 by Ed999