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View Full Version : Protected deposit : N208 : 3 questions



MetropolitanAnthony
02-02-2009, 13:34 PM
Following the end of a bad tenancy last year which ended in unpaid rent arrears and an absconding tenant, I ( landlord ) now want to claim all the former tenant's deposit from the letting agent in lieu of the unpaid rent.

In December I went to court and got a CCJ against the tenant for the rent arrears.

In January I spoke to the letting agent (LA) to ask for the tenant's deposit to be given to me. The LA confirmed that the deposit is in a protected scheme. However, as the deposit is disputed, they are currently returning the deposit to *neither* party. ( tenant or landlord ). Instead, the LA wants one side to file a claim against the other. Then they will pay the deposit to the winner.

Q1. Is this more or less correct behaviour on the part of the LA ?

As the deposit is protected I see their reasoning. I'm happy to go along with this approach and I will file a claim against the tenant but this raises further questions :

Q2. As claimant, is form N208 the correct form to use to kick off this deposit claim or should I use a different procedure ?

Q3. Form N208 requires me to put down the tenant's current address. Since neither I nor the LA know the tenant's new address, can I put down the "last known address" for the tenant on the form? i.e. the property they rented last year during the tenancy. Will this stick ?

Any advice welcome.

redex
02-02-2009, 18:39 PM
In December I went to court and got a CCJ against the tenant for the rent arrears.

Since neither I nor the LA know the tenant's new address, can I put down the "last known address" for the tenant on the form?

Any advice welcome.

How can a CCJ be awarded to someone you have no address for?

A CCJ is only valid if served in person, if your absent tenant discovers he's got a CCJ he wasn't aware of this could become void and costs awarded against you.

I know nothing of being a landlord, by the way!

jta
02-02-2009, 18:55 PM
How can a CCJ be awarded to someone you have no address for? There is an address.

A CCJ is only valid if served in person,nonsense. if your absent tenant discovers he's got a CCJ he wasn't aware of this could become void and costs awarded against you.No, it would not.

I know nothing of being a landlord, by the way!That's pretty obvious.

Maybe you should spend some time reading the fora.

redex
02-02-2009, 19:05 PM
Your opinion, sorry don't know what a fora is either!

How does anyone contest a CCJ if they don't receive it, just because it comes from a LL doesn't mean to say it legit.

mind the gap
02-02-2009, 19:17 PM
Your opinion, sorry don't know what a fora is either!

How does anyone contest a CCJ if they don't receive it, just because it comes from a LL doesn't mean to say it legit.

More nonsense I'm afraid. It doesn't 'come from a LL' in the way you suggest.

T will have had court papers served on them telling them the details of the hearing. If they choose not to attend and the ccj is issued in their absence the court officials serve it. It is not up to the LL to serve it in person. It's a county court judgement - get it? And the T cannot 'contest' a ccj once it has been awarded, only before.

Besides which, it is (I believe) on the public record; anyone can check the outcome of a court case (with some exceptions).

'Fora' is the plural of 'forum', although 'forums' is also used.

sherifffatman
02-02-2009, 19:21 PM
i think the point is being missed
i think the LA is trying to get you to go the adr route
it is free after all
the tenants probably won't turn up if they do owe you
& if you have your damages properly presented it 'should' work out alright anyway
you don't have to accept it and court proceedings are still possible if there is still a problem i think
admittedly i have no experience of the current form of adr but i do know a cpl of court mediators and they are quite sensible people
good luck mate!
& btw for the others
fora is a plural ;)

jta
02-02-2009, 19:22 PM
If the Claimant sends the court papers to the last known address,which can be the letting, it is deemed served. That's why it's important to leave a forwarding address. If the case is not defended the claimant will normally have a walkover, that's when the CCJ is issued.

Fora = Forum (plural).

Besides, lots of people put their head in the sand if they get court papers, hoping it will go away, the courts have heard all the excuses.

redex
02-02-2009, 19:51 PM
Thanks for all the explanations.

BTW I must admit I've never seen fora before!

Noun-

fora

Irregular plural of forum.

mind the gap
02-02-2009, 20:02 PM
Thanks for all the explanations.

BTW I must admit I've never seen fora before!

Noun-

fora

Irregular plural of forum.

Neuter nouns in Latin (singular ending -um) form their plurals with -a

MetropolitanAnthony
03-02-2009, 10:57 AM
Thanks for all responses to my post including all flora and fauna !

Regarding the correct form to use, I've been browing the HM courts web site and have found a general purpose online money claim filing system called "MCOL". It seems to be a kind of online version of form N1. In December my "PCOL" claim went well so I think I will use MCOL instead of the alternatives ( N208 and/or ADR ) and see what happens.

Thanks also for the point about forwarding addresses and last known address. I will put the last known address for the tenant and, If the judge asks , then I'll have to be straightforward and confirm the tenant no longer lives at my property but that he has left no forwarding address.

Sic Semper Tyrannus !

jeffrey
03-02-2009, 11:09 AM
Neuter nouns in Latin (singular ending -um) form their plurals with -a
Only second declension nouns can be neuter, of course. And the '-a' plural ending is true of only Latin derivatives; Greek ones do not conform.

MetropolitanAnthony
15-05-2009, 21:05 PM
As I hoped, the money claim online "MCOL" route has been effective. I raised a claim in March using my laptop and the court has now issued a judgement in my favour. I didn't have to use form N1 or N208.

The web page I used was http://www.moneyclaim.gov.uk . The online text window gives the claimant around 200 words to explain why they are bringing a claim so you have to be fairly concise.

Surprise #1. I did not get a court hearing date. Since the defendant did not contest the claim the MCOL system simply entered a "default judgement" in my favour. I was expecting to have to go up against "the beak" and explain my case. Instead I just received a letter informing me of the judgement.

Surprise #2. The claim was handled by Northampton County Court instead of my local county court. This seemed strange so I rang the local court and they explained that Northampton deal with all claims initiated online unless the defendant contests the claim.

Paul Gibbs
18-05-2009, 09:00 AM
Northampton CC deals with bulk claims - it deals with all online claims. Once a defence is received it is transferred to a different court.

regarding service of documents JTA is broadly correect. You can serve on the last known address of a debtor, however if claimant knows that debtor is not at that address then usually the claimant must undertake reasonable steps to try to locate T.

IMO best practice in that situation is to instruct a tracing agent and if the result is 'no trace' I think that is enough as far as reasonable steps are concerned.

Default judgment will be obtained against a debtor if they fail to reply to the claim form. They may know nothing aobut the claim as it has not been sent to their current address (as LL could not find them).

The debtor can challenge the judgment after it has been entered. He will need to apply to set aside the default judgment and he will need to act quickly as soon as he becomes aware that judgment has been entered against him.