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lookingforadvice
15-04-2008, 23:53 PM
Apparently I have to send the landlord a county court order which will order him to pay back my deposit in full, because hes not protected it. Then 3x? How much do county court order forms cost? Would I have to go back and fourth to court to claim 3x? (I'll be moving areas)

How much would court costs be for this? Do you have to send endless letters? Would it be better if I went through a solicitor, as I'd be able to get legal aid because I live alone, and dont have a huge income.

The end of my 6 months AST is the end of may, I'll be giving my landlord a months notice at the end of this month.

kayak
16-04-2008, 08:37 AM
You should be able to find the court costs on your county court website as it depends on the amount.

Out of interest, have you asked the landlord to pay the bond into a scheme?

Kind regards,

John

jta
16-04-2008, 13:06 PM
If its the end of your AST then you do not have to give him notice as such, but if you go one day over it you will then be in a periodic tenancy when he will be entitled to a month's notice.

lookingforadvice
16-04-2008, 14:46 PM
Maverick- No I've not asked him to pay it into one. He's been nothing but a nightmare, and I know when we agreed I could leave the tenancy early (wouldnt give me written confirmation) he told me I wouldnt get the deposit back until he gets an electrician in-thats BS! I cant be responsible for that, so I know he has no intention to give it back. I've also paid for far too much and hes basically been a bully, so why should I warn him of his stupidity? Unless its part of the conditions of taking him to court, if he went against the terms and can get away with it, whats the point? This landlord gives you good landlords a bad name.

Does anyone think I should warn him?

Jta - thanks for letting me know that! So he doesnt have to give me notice either?

Colincbayley
16-04-2008, 14:49 PM
You may leave the property at the end of a fixed term, however! Your LL must give you 2 months notice by way of a S.21 notice if he wants you to leave.

There are a few threads on this forum as to what to do, costs etc. for claiming 3Xdeposit back from the LL for failing to abide by the rules of the TDS. A quick search and a little reading should give you a clearer picture.

cas84_utd2
17-04-2008, 11:21 AM
as above - have a read on the forums

N208 application costs £150 if you want to go this way
N1 application costs vary depending on the amount you are seeking

You don't HAVE to give him any warning before going to court - some believe it is polite to do so. I didn't do this. I don't see the point - the law's been broken, writing a letter before action isnt going to change that.

I would file the claim a week before you move out. I have good reasons for suggesting this timeframe, but I don't have time to go into them now.

kayak
17-04-2008, 12:35 PM
My question regarding asking the LL if the deposit has been placed into a scheme wasn't really a recommendation to do so, and definately wasn't comming from a legal point of view.

It just seems that a lot of people suddenly realise that they haven't received a confirmation from a TDS scheme and by day 15 are suddenly thinking of the prospect of a massive pay out.

It doesn't seem that this is the case with you, and if the LL is obstructive and knows their obligations and still isn't doing anything then this is where court action is needed (in my opinion).

Ignornace, is not and should not be an excuse but some LL are ignorant. I quite often have to help relatively experienced landlords protect a deposit, sometimes outside the 14 day time limit and some of these landlord are genuinely scared at what could happen. Would it be fair to take these people to court? I guess that depends on your view point.

I'm not against the idea of LL's being taken to court, I just think it should be done when tenants have reminded their landlords of their obligations rather than waiting those 2 weeks and getting the pay out.

Just my opinion and maybe a little controversial and not relevant to your case anyway!

Kind regards,

John

cas84_utd2
17-04-2008, 12:47 PM
Your points are very valid John! I myself had a large moral dilemma when I embarked on the claim process, however I feel that our Landlord has been enough of a pain to warrant our action... I consider the 3x deposit as adequate compensation for what we have had to put up with from him over the course of the tenancy.