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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello Alex. You may recall that you helped me regarding a return

Resolved Question:

Hello Alex. You may recall that you helped me regarding a return of a deposit issue. As advised I sent a special delivery letter to both landlords. The one to whom I had the signed contract with was delivered successfully, however the letter to the current landlord was returned. Checked on the return label were "Addressee gone away" & "Refused." I have spoken to the management agent and they will try to find out if the current landlord is still living at the address that they and I both have, to clarify whether he has indeed moved, or simply refused my letter. Either way what would be my next action? Resend another letter and wait 28 days? or proceed with filling against both even though one party has not received a letter? Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Thank you for requesting me again.

Alex Watts :

You can proceed with filing against both

Alex Watts :

The Rules state that at 6.9 service is at last known address

Alex Watts :

Therefore if this was the last address and indeed address on the tenancy agreement then you can issue a claim there

Alex Watts :

Does that clarify matters?

Customer:

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.

Customer:

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

Customer:

Typo - leaving the UK

Alex Watts :

No it makes no difference.

Alex Watts :

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

Alex Watts :

Does that help?

Customer:

At present he still owns the property - so if he is abroad then that would be my recourse to get my deposit back?

Alex Watts :

Well you would be able to get a charge on the property. Or ask the Court to order the deposit scheme return the deposit.

Alex Watts :

Does that clarify?

Customer:

I see, that is obviously further down the line

Alex Watts :

Indeed. Get Judgment first but the rules require at the last known address, thats it

Alex Watts :

Then you can enforce

Customer:

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.

Customer:

And the letter sent to him was delivered sucessfully

Alex Watts :

Yes indeed.

Alex Watts :

But get Judgment then decide what you are going to do

Customer:

Ok - I have another question re timing

Alex Watts :

Ok

Customer:

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.

Alex Watts :

Yes that is right

Alex Watts :

Its a contractual dispute

Alex Watts :

So 6 years under the Limitation Act 1980

Customer:

Does this mean 6 years since I paid the deposit to the old landlord? - in my case the 6th September 2008?

Alex Watts :

No, 6 years since it was due back

Alex Watts :

Does that help?

Customer:

Getting there

Alex Watts :

OK - anything else you need to know?

Customer:

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?

Alex Watts :

No when it was due back so April 2014

Alex Watts :

Does that help?

Alex Watts :

But in any event the November date does not matter as you would still be in time

Alex Watts :

Does that help?

Customer:

Ok, so I'm clear, technically I could sue up until 17th April 2020?

Alex Watts :

Yes. But issue sooner rather than later to prevent any dispute regarding the old Landlord

Customer:

Seems like a long time especially if a judgement is placed against the old landlord for something that he did in 2008

Alex Watts :

Yes but that's the law - 6 years from when due

Alex Watts :

So please issue sooner rather than later

Alex Watts :

To prevent any issue regarding time limits

Customer:

Indeed

Customer:

Ref the amounts involved

Alex Watts :

Yes so before November

Customer:

Sorry confused

Alex Watts :

Ok - ideally issue before November this year

Alex Watts :

But you have until 2020 to issue

Customer:

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

Customer:

to discount any ambiguity

Alex Watts :

Belt and braces issue before November.

Customer:

Finally

Alex Watts :

But as you said if you have sent the pre-action letters now then after 14 days issue against both

Alex Watts :

Does that help?

Customer:

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

Alex Watts :

Yes. So you can issue now.

Customer:

Good

Customer:

Re the amounts

Alex Watts :

Yes?

Customer:

Deposit & x3 the amount, as the landlord did not protect my deposit in an approved Tenancy Scheme

Alex Watts :

Yes. If it was not in an approved scheme

Customer:

The I understand I can use that figure and add 8% per annum?

Alex Watts :

Yes under Section 69 of the County Courts Act 1984

Customer:

Can I run some numbers past you?

Alex Watts :

Only lottery ones yes

Customer:

:)

Alex Watts :

Oh

Customer:

So the deposit was £1523.10

Alex Watts :

Ok

Customer:

Add x3 the amount = £6092.40

Alex Watts :

Yes

Customer:

Adding the x3 onto the existing figure

Customer:

Ok then take the time I was living there, September 2008 - April 2014 = 5yrs 7months

Alex Watts :

Ok -

Alex Watts :

Ideally issue before 6 years is up

Alex Watts :

But as the time for 28 days has passed issue now

Alex Watts :

Can I clarify anything else?

Customer:

Then calculate 8% per annum of this figure?

Alex Watts :

Yes

Alex Watts :

But simple interest not compound

Alex Watts :

Can I clarify anything else?

Customer:

Meaning?

Alex Watts :

8% a year

Alex Watts :

So if its £1000 over 3 years its ££240

Alex Watts :

Its not £80 for year one, then 8% on £1080 for year 2, 8% on £1160 year 3 etc

Customer:

Presumably I have to calculate to the day?

Alex Watts :

Yes

Customer:

In addition expenses i.e. postage of letters , legal fees etc?

Alex Watts :

No.

Alex Watts :

Its a small claim. You can't claim any of that

Customer:

Oh?

Alex Watts :

No

Customer:

I see

Alex Watts :

Can I clarify anything else?

Customer:

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?

Alex Watts :

Yep......

Alex Watts :

Sorry

Customer:

No that's fine

Alex Watts :

If this answers your question might I invite you to rate my answert today

Alex Watts :

If the system wont let you or you need more help please click reply

Customer:

Just one more point

Customer:

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?

Alex Watts :

No thats right. You must state the whole claim up front.

Alex Watts :

I hope this helps.

Customer:

So in other words get it right first time at the beginning!

Alex Watts :

Exactly.

Customer:

Understood - thanks for your advice Alex, and have a good weekend. I'll end the chat now and rate as before.

Alex Watts :

And you and thank you, ***** *****

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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