Thank you for requesting me again.
You can proceed with filing against both
The Rules state that at 6.9 service is at last known address
Therefore if this was the last address and indeed address on the tenancy agreement then you can issue a claim there
Does that clarify matters?
I have just been informed by the agent that the current landlord is leaving the UK and will be moving on the 31st August. It sounds like he saw my return address on the back of the envelope and simply refused the letter.
Does the fact that he is living the UK have any impact? If a decision is reached against him then there will be little chance of enforcing it if he no longer lives within our borders
Typo - leaving the UK
No it makes no difference.
But if you get a CCJ then I assume he still owns the property? If so, you can put a charge on that and make the debt secure
Does that help?
At present he still owns the property - so if he is abroad then that would be my recourse to get my deposit back?
Well you would be able to get a charge on the property. Or ask the Court to order the deposit scheme return the deposit.
Does that clarify?
I see, that is obviously further down the line
Indeed. Get Judgment first but the rules require at the last known address, thats it
Then you can enforce
Furthermore, from our initial conversation in June your view was that in all likely hood the enforcement would be made against the old landlord because he was the one that I had my tenancy agreement with.
And the letter sent to him was delivered sucessfully
But get Judgment then decide what you are going to do
Ok - I have another question re timing
I came across the following: You have 6 years from the date the deposit became payable to take the matter to Court to get your deposit back.
Yes that is right
Its a contractual dispute
So 6 years under the Limitation Act 1980
Does this mean 6 years since I paid the deposit to the old landlord? - in my case the 6th September 2008?
No, 6 years since it was due back
OK - anything else you need to know?
So, because there were two landlords involved - does the 6 year period start from when the new landlord took ownership of the property - 6 November 2008, and in theory when the old landlord should have returned my deposit, or does the 6 year period start from when I left the property on the 17th April 2014?
No when it was due back so April 2014
But in any event the November date does not matter as you would still be in time
Ok, so I'm clear, technically I could sue up until 17th April 2020?
Yes. But issue sooner rather than later to prevent any dispute regarding the old Landlord
Seems like a long time especially if a judgement is placed against the old landlord for something that he did in 2008
Yes but that's the law - 6 years from when due
So please issue sooner rather than later
To prevent any issue regarding time limits
Ref the amounts involved
Yes so before November
Ok - ideally issue before November this year
But you have until 2020 to issue
Letter of the law - 6 years from April 2014 regardless of the fact that the old landlord (if issued against) had no more dealings with me from 2008, however to ensure a 'belt and braces' approach issue before the property left his ownership
to discount any ambiguity
Belt and braces issue before November.
But as you said if you have sent the pre-action letters now then after 14 days issue against both
Regardless of the fact that one did not get a letter - sent the letters on the 9th July so I was waiting for the 28 day period to be up which was on Wednesday 6th august
Yes. So you can issue now.
Re the amounts
Deposit & x3 the amount, as the landlord did not protect my deposit in an approved Tenancy Scheme
Yes. If it was not in an approved scheme
The I understand I can use that figure and add 8% per annum?
Yes under Section 69 of the County Courts Act 1984
Can I run some numbers past you?
Only lottery ones yes
So the deposit was £1523.10
Add x3 the amount = £6092.40
Adding the x3 onto the existing figure
Ok then take the time I was living there, September 2008 - April 2014 = 5yrs 7months
Ideally issue before 6 years is up
But as the time for 28 days has passed issue now
Can I clarify anything else?
Then calculate 8% per annum of this figure?
But simple interest not compound
8% a year
So if its £1000 over 3 years its ££240
Its not £80 for year one, then 8% on £1080 for year 2, 8% on £1160 year 3 etc
Presumably I have to calculate to the day?
In addition expenses i.e. postage of letters , legal fees etc?
Its a small claim. You can't claim any of that
So in a nutshell, I claim for my deposit & x3 the amount & 8% penalty for my whole time at the property, and that's everything?
No that's fine
If this answers your question might I invite you to rate my answert today
If the system wont let you or you need more help please click reply
Just one more point
I presume I have to put in my entire claim up front, i.e. if I forget something after I've submitted my claim I can't amend it half way through?
No thats right. You must state the whole claim up front.
I hope this helps.
So in other words get it right first time at the beginning!
Understood - thanks for your advice Alex, and have a good weekend. I'll end the chat now and rate as before.
And you and thank you, ***** *****