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Rental Deposit Dispute – Landlord Without UK Address


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What defendant address should be used on Small Claims form in deposit dispute case where the landlord/landlady lives abroad? That is what address to use in the case of non-resident landlord, without any remaining property, or any other address in UK?

 

 

In the end I put the rented property address because it was the Landlord last known UK address. I also put the Letting Agency as joint defendant as the deposit money are in their safekeeping but they refuse to release it unless court orders them to do.

 

 

I used the rented Property address because:

 

 

1) the Landlord used to live in the Property before they moved abroad; it was their last UK address

 

 

2) the Landlord used the Property address as their postal address while we were living there, their UK bank account was still registered on this address; we used to forward their post regularly as we were requested to do, this also included post from the Landlord’s bank.

 

 

3) the Landlord took ownership of the Property when we moved out. The Landlord then redeveloped the Property, advertised it and eventually sold it (couple of months ago).

 

 

4) The house has new occupiers and the Landlord may or may not arranged post forwarding.

 

 

However:

 

 

1) The Landlord address on the Tenancy Agreement was their overseas address. We were requested to forward their post there. (it’s an EU country very close to the UK)

 

 

2) It has been nearly 2 months and there is no acknowledgement, no communication, from the Landlord. The only activity is from Letting Agency lawyer. From them I have received this helpful information: “checked with the Court … [first defendant] has not acknowledged service of the Particulars of Claim and no Solicitors have gone on the record as acting for them

and “..[defendant] may argue that the Claim Form and Particulars of Claim were not properly served upon them, if the address for service you used was incorrect”.

 

 

I am aware that court summons cannot be served to a foreign address.

 

 

Is there anything better I could have done, anything can still do, to help serve properly Claim Form and Particulars of Claim to the defendant?

I want the Landlord to be informed and get them chance to defend. They had of course perfect chance to do that using TDS arbitration but the Landlord refused; due to their inactivity the 3 month deadline expired and TDS require consent of both parties, but the Landlord’s was unable to obtain.

 

 

Can one provide an additional, forwarding address, to the court? Is there a form for that?

 

 

Would it help if I sent email to the Landlord? With what? The whole Claim + Particulars?

 

 

The deposit was initially protected by TDS (Tenancy Deposit Scheme) but some time before the end of our tenancy the letting agency (was) “de-registered” with TDS and in a letter from them to me they claimed to: “..[the Letting Agent from now to] undertake full responsibility for the return of your deposit”.

 

That is why the deposit money are with the Letting Agency. They however refuse to release the deposit until, as I’ve said, “agreement is reached between me and the Landlord”, that is hardly to happen as the Landlord has absolutely no motivation to do anything; or by court order. But if the Landlord cannot be properly served there is not much chance to get that one too. It’s total Catch XXII!

 

 

The only VERY active party is the Letting Agent. Mainly covering their own back. No interest in justice, of course! Instead they hired lawyers, evidently much more expensive then I did, and their only interest is to be dropped from the case; threatening me with legal costs if I voluntary does not drop my claim against them.

 

 

Corey

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You have his overseas address...you can serve a claim out of jurisdiction.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06/pd_part06b

 

Regards

 

Andy

 

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