Hello my name is ***** ***** I will help you.
Did they ever sign a new agreement?
So was it renewed for a fixed term tacitly or remained periodic?
So after 2011 they could have terminated at any time?
If there was any tenancy which started after 6 April 2007 then it need to be protected.
Even if a tenancy is renewed it should be protected. As there was a renewal in 2008 and 2009 then it fell into the protection scheme.
You have broken the law need to return the deposit in full otherwise you can be sued for x3 the amount.
Can I clarify anything for you about this today please?
i needed to know when they renewed and when things weee in writing. The law says that anything after 2007 must be protected. Further the law says you can not take any step to evict whilst the deposit has not been protected.
If you do it's illegal. If you don't protect the deposit it is illegal.
There may be damage but you have to issue proceedings against them for that cost. You can just deduct monies as you should have protected it. In any event if it was protected then you can show damages to the protection agency and they can decide whether these sums can be deducted.
But the long and short is that you renewed the agreement in years indicated above, it should have been protected.
Does that clarify?
pre 2006 not a probelem. Post is an issue. Whether you were using an agent is not relevant. You are the landlord, not the agent.
If the Agents are negligent you may have a claim against them. But if you didn't protect the deposit, no matter what you say, it is illegal. Whether you are a professional landlord is irrelevant, the law applies to everyone.
You can sue for loss and damage. But what you can't do is deduct from a deposit when the law says it must be protected.
I am sorry. Does that clarify?
Post 2011 it's a periodic tenancy, so no new one it just rolls on and even then still needs to be protected.
Your other points are correct. If you have been served a court claim form you need to put a counter claim in using the court paperwork sent with the claim form.
Sure. Please remember though to rate as the site doesnt credit me until you do. The question stays open and you can ask a follow up for free. Thanks
You need to file a defence, if you give the deposit back now you may be too late because it is as of date of issue of Court proceedings that counts.
Small claim is ok and you can Counter claim for the items we have Discussed. They may then drop the case to avoid court.
Procedure in what way? You want to know about disclosure?
Ok, this is how it works.
1) You send in a defence
2) The court then sends out a Directions Questionnaire
3) Once those are returned a Court considers which considers which 'track' to allocate it to.
4) If its a small claim then disclosure does not apply. You just send in the evidence you want to rely on 14 days before a hearing.
5) If its a fast or multi track - the Court will give directions about disclosure
6) Disclosure is by list, that means you provide a list of documents within your control which support or undermine your case
7) If a party wants to inspect a document thereafter they can do.
That is how it works - Can I clarify anything for you about this today please?
What stage are proceedings, if any?What track, if any, have they been allocated to?
Ok. Have you filed a defence?How much is the claim?
Ok. Then once you file a defence (which you need to do), the Court will then send out Directions Questionnaires.
Because the value of the claim is £10,000 or below then it will be a small claim.
In terms of disclosure that rule (which applies to fast track and multi track claims) does NOT apply.
Therefore you need to submit documents on which you seek to rely upon 14 days beforehand.
If there is a document you need from the other side and they wont provide it, you need to make an application to Court for disclosure.
So for a small claim, disclosure rules do not apply.
No, it wont be a Part 8 claim. If its for deposit compensation then its breach of tenancy contract and a small claim.
It will be a small claim on part 7.
If you had a claim form and it was blue, it is N1 Part 7 claim.
Ok - so Part 7. If you want disclosure you should ask for it.If you do not get it put it when you get the Directions Quesntionnaire which will come after you file your defence.
All the best.