Antsy Posted February 10, 2005 Share Posted February 10, 2005 Well, it has come to the point that we are going to have to go to small claims with our old landlord to get the deposit back. Just to summarise, he agreed to give it back in full as we left the house (spotless, I might add), then kept stalling (for 8 months...). So I've done the warnings by letter and left him a message on his mobile and now it's time for the formal stuff. SO... does anyone know where's a good place to get legal advice about it? Citizens Advice is a nightmare as they're so busy. The matter is complicated as we lived there for just over 3 years but he 'sold' the property to his partner halfway through without telling us. (after that we signed another year's contract before the freeholder who lived upstairs told us it had been signed over...) So, should we get back interest on the deposit from the time we sold it, and do we have any case to sue him for return of the rent after the time the flat was 'sold'? Technically he didn't own it, so did he really have any right to our rent? The questions are endless... Quote Link to comment Share on other sites More sharing options...
IP Newcomer Posted February 10, 2005 Share Posted February 10, 2005 SO... does anyone know where's a good place to get legal advice about it? Citizens Advice is a nightmare as they're so busy. <{POST_SNAPBACK}> Have you tried Shelter's directory?: http://england.shelter.org.uk/advice/advice-1005.cfm Quote Link to comment Share on other sites More sharing options...
REALITYCHECK_EA Posted February 10, 2005 Share Posted February 10, 2005 Well, it has come to the point that we are going to have to go to small claims with our old landlord to get the deposit back. Just to summarise, he agreed to give it back in full as we left the house (spotless, I might add), then kept stalling (for 8 months...). So I've done the warnings by letter and left him a message on his mobile and now it's time for the formal stuff. SO... does anyone know where's a good place to get legal advice about it? Citizens Advice is a nightmare as they're so busy. The matter is complicated as we lived there for just over 3 years but he 'sold' the property to his partner halfway through without telling us. (after that we signed another year's contract before the freeholder who lived upstairs told us it had been signed over...) So, should we get back interest on the deposit from the time we sold it, and do we have any case to sue him for return of the rent after the time the flat was 'sold'? Technically he didn't own it, so did he really have any right to our rent? The questions are endless...<{POST_SNAPBACK}> When he sold the place he should have handed on the deposit, to the new owner. He should have also informed you of your new landlord, this is a legal requirement. Bet his partner never informed her lender that it was tennented. Tell him that you will grass his partner to mortgage company, failing which, go to local county court and file a claim against him. dont use expensive solicitors. Quote Link to comment Share on other sites More sharing options...
brainclamp Posted February 10, 2005 Share Posted February 10, 2005 When he sold the place he should have handed on the deposit, to the new owner. He should have also informed you of your new landlord, this is a legal requirement. Bet his partner never informed her lender that it was tennented. Tell him that you will grass his partner to mortgage company, failing which, go to local county court and file a claim against him. dont use expensive solicitors.<{POST_SNAPBACK}> Phone your local county court and ask for claim forms. You should make a statement of the particulars of your claim. You should list claim for all the costs and the hassle factors that you have undergone, no matter how spuroius. You should be totally truthful as to the facts of the matter. You have to include a claim for interest and also the calculation - is there a website for this? Make sure that its your LOCAL court that the hearing is in. Quote Link to comment Share on other sites More sharing options...
Antsy Posted February 10, 2005 Author Share Posted February 10, 2005 Phone your local county court and ask for claim forms.You should make a statement of the particulars of your claim. You should list claim for all the costs and the hassle factors that you have undergone, no matter how spuroius. You should be totally truthful as to the facts of the matter. You have to include a claim for interest and also the calculation - is there a website for this? Make sure that its your LOCAL court that the hearing is in. <{POST_SNAPBACK}> Currently doing all this via the court service website, and at a court that's convenient to my workplace, not him - just to be awkward. I have already grassed him to the lender about 18 months ago - they turned up one day on the doorstep as he / she'd been defaulting on the mortgage payments. Naturally, i was as honest as possible... I just want to make sure I get as much cash out of him as I can as compensation for the inconvenience, though I note that the small claims court pays interest at 8% which is a dream compared to the current base rate. I am just afraid that all his assets are in the woman's name and he will claim poverty and end up paying it back at £2 per week. Plus he also let himself into the place before the last month of our rent was up (we had an overlap with the lovely new flat) and started painting. During the course of this he threw out a bag with all our old rent agreements and proof we'd paid the deposit to him via the estate agent (which has now gone bust). But I do have bank statements with an amount on them - just hope it's enough for the court. Apart from this I love renting - current landlord is suffering £3K of work on the building (this is aside from the 1k annual service charge)... Quote Link to comment Share on other sites More sharing options...
brainclamp Posted February 11, 2005 Share Posted February 11, 2005 Currently doing all this via the court service website, and at a court that's convenient to my workplace, not him - just to be awkward. I have already grassed him to the lender about 18 months ago - they turned up one day on the doorstep as he / she'd been defaulting on the mortgage payments. Naturally, i was as honest as possible... I just want to make sure I get as much cash out of him as I can as compensation for the inconvenience, though I note that the small claims court pays interest at 8% which is a dream compared to the current base rate. I am just afraid that all his assets are in the woman's name and he will claim poverty and end up paying it back at £2 per week. Plus he also let himself into the place before the last month of our rent was up (we had an overlap with the lovely new flat) and started painting. During the course of this he threw out a bag with all our old rent agreements and proof we'd paid the deposit to him via the estate agent (which has now gone bust). But I do have bank statements with an amount on them - just hope it's enough for the court. Apart from this I love renting - current landlord is suffering £3K of work on the building (this is aside from the 1k annual service charge)...<{POST_SNAPBACK}> I suppose the real trick is in making the particulars ofclaim reflect the hassle. Travel costs, phone calls, letters, materials costs. What about the cashflow costs of not receiving the deposit back -did this present you with a problem obtaining new accommodation? What are the costs of that? Whatever you put down as the facts, you follow with a list of claims - the court can only chuck one or another out over the facts, it cannot chuck the lot. I think another Landlord, BBB? Posted a while ago that it is often worth checking if he runs a Ltd company for property, as your can file as a creditor against him.. Quote Link to comment Share on other sites More sharing options...
Antsy Posted February 12, 2005 Author Share Posted February 12, 2005 I suppose the real trick is in making the particulars ofclaim reflect the hassle. Travel costs, phone calls, letters, materials costs. What about the cashflow costs of not receiving the deposit back -did this present you with a problem obtaining new accommodation? What are the costs of that? Whatever you put down as the facts, you follow with a list of claims - the court can only chuck one or another out over the facts, it cannot chuck the lot. I think another Landlord, BBB? Posted a while ago that it is often worth checking if                  he runs a Ltd company for property, as your can file as a creditor against him.. <{POST_SNAPBACK}> Good idea - ta! But any idea how you do this? Quote Link to comment Share on other sites More sharing options...
GameOver Posted February 13, 2005 Share Posted February 13, 2005 Good idea - ta! But any idea how you do this?<{POST_SNAPBACK}> Register as a creditor against him, then file him for bankruptcy......he will pay you back your money so fast he will prob even say sorry.... Quote Link to comment Share on other sites More sharing options...
Antsy Posted February 13, 2005 Author Share Posted February 13, 2005 Register as a creditor against him, then file him for bankruptcy......he will pay you back your money so fast he will prob even say sorry.... <{POST_SNAPBACK}> He does run a company but I don't have the details of it, including the name... could I do a search with just his name and address at Companies House, or is there a better way to go about it? Also - forgive my ignorance, but why would he be so keen to pay me back? Ta! Quote Link to comment Share on other sites More sharing options...
GameOver Posted February 14, 2005 Share Posted February 14, 2005 He does run a company but I don't have the details of it, including the name... could I do a search with just his name and address at Companies House, or is there a better way to go about it? Also - forgive my ignorance, but why would he be so keen to pay me back? Ta!<{POST_SNAPBACK}> Hi mate He would be keen to pay you back because if you registered as a creditor against him, you can file him for bankruptcy, just like he could do the same to you, if you didnt pay your rent. Its not a cheap way to go about it, but if you made him bankrupt (or threatened to file it) he would pay you back very quickly, as he would lose EVERYTHING, if you become bankrupt he will lose all his houses, cars, and he will be on the street, he would even find it hard to rent a place LOL If he owes you money, and your CLEVER about it, you can really mess him up - LEGALLY. So if you say you will do that, he will just pay you back the deposit. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.