Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
What sort of tenancy do they have, is it an AST?
It is ended but they are still in occupation?
No- the tenancy is ended, occupation ceased at the same time. The issues the LL deducted money from the deposit which we challenged with mydeposits, but lost. It's come to light (and I have documentary proof) that the LL omitted documents which would have disproved his claim. There's probably no need for detail here. So "we" need to claim, the deposit back, and, at the same time and in the same claim we wish to claim for maladministration of deposit and other irregularities. The return of the deposit is only therefore one component. I understand, but would appreciate you confirming, that we can claim for all together. There are 5 parties to the claim plus myself. I'm the one who has done the research & will send LBA. If LL doesn't pay then we want to make a court claim. So it's vital that I configure the paperwork properly. One query is the ability to take the deposit matter to the court subsequent to mydeposits upholding the LL's version rather than our own. If you would answer this first, then perhaps I could ask you the further queries I have about how to configure the 6 individuals involved in the correspondence first to former LL and then to the court.
Thanks for the background.
You can take the matter to Court, there is nothing stopping you.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Yes please- there are 5 claimants, who are only associated by the previous tenancy. I'm the mother of one, but have organised the LBA and would organise the court claim. I've put us all on the LBA c/o me at my home address and requested a sum for each person with me "zero". If and when it goes to court, the I will probably be the only one to attend. Do the others need to sign something to the effect that I will represent them? I'm not a professional- just the mother of one of them, but they are now all over the country, working and won't be able to attend a court hearing (or not all of them). I can circulate the LBA easily enough for us all to sign. And in terms of this 28 day cut off between the decision of mydeposits- is this completely wrong?
I think you've got the wrong end of the stick- I'm not the LL. I'll try to summarise and then ask my questions again. To explain the ins and outs of the whole situations is a bit convoluted. So: The issue- is an AST now ended between 4 young adults- my daughter is one and I was one of the guarantors. I have also co-ordinated and researched the claim which we will be bringing. Another guarantor who is the mother of one of the other former tenants paid her daughter's proportion of the deposit on her behalf. Our claim consists of several aspects. One is that the LL did not register the deposit in time and neither did he register the "interested party" (the one mother who paid part of the deposit). As these are both requirements, I understand we can claim on this alone. But the parties to this are 3 of the tenants who paid their own deposits and the mother who paid on her daughter's behalf. To add to the complexity of this; the LL failed to give back the deposit at all, and gave a false account to mydeposits including false invoices. Unfortunately the adjudications system with mydeposits allows for one submission first by the tenants then one from the LL and no opportunity for rebuttal. So although I had proof that the LL had lied, and told mydeposits the LL's submission was false, they would not accept my rebuttal. During the tenancy there were various other things we wish to claim for. The house was in a bad state of repair when they turned up for the first day of the tenancy, and although the LL did get things fixed, she took over part of the the house for her handymen to have a workshop. So, you can see, I hope, that there are 5 claimants- the mother, the 4 tenants. And various aspects, the admin omissions over the deposit registration, failure to return it and lying to mydeposits, and then (smaller but we want to claim), various failures during the tenancy itself which has now ended. I hope that makes it clearer, and my reason for the following questions clearer. So firstly, I have drafted an LBA to the former LL. I have named myself and the other 5 claimants and will get them to sign. I am asking for a total amount but to be sent to each claimant in proportions (and you can see they will be different amounts). My daughter is a claimant, but not me. I've specified in the letter that I want no money and the LBA is drafted in such a way that it's from the 6 of us, but with me only requiring no payment. The former tenants are all young and now in different parts of the country. So if the LL refuses to pay, we will have to go to court, in which case, I would happily go, but as I'm not a claimant or legally qualified is this OK. And we had advice from the student advice centre saying that after the failure of mydeposits to uphold our claim for the return of the deposit, we only had 28 days to refer this aspect of the claim to the court. This seems contrary to what you said and what I've seen elsewhere but can you therefore give some assurance on this point, as it's wobbled us a bit. Thanks Alex