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Lottie100784

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  1. New claim: - The claimant is making a landlordand tenant claim (CPR 56.1 (1) (f) and that to comply with CPR PracticeDirection Part 56.2 (1) this claim is using the Part 8 Procedure. The Part 8 Procedure applies. The claimant is the formerassured shorthold tenant of the property known as ..... between 10th December 2008 and 9th January2012. The defendant is the landlord. The claimant claims under Section214 (1) of The Housing Act 2004 that the deposit of £1000.00 required by thetenancy agreement originally dated 10th December 2008 in respect ofthe premises at ...., made between theclaimant and the defendant, was not paid into an appropriate tenancy depositscheme (in breach of Section 213 (1) of The Housing Act 2004); or that theclaimant was unable to confirm from the scheme administrator of any depositscheme that they held the deposit for the entire length of the tenancy inaccordance with the scheme (in breach of Section 213 (3) of The Housing Act2004). The defendant has not repaid anyof the deposit and the claimant is not aware of any fair and justified reasonas to why it should be withheld. The claimant asks that the courtmakes an order: 1) That the defendant holding the deposit do repayit to the claimant in accordance with Section 214 (3) (a) of The Housing Act2004. 2) That the claimant claims interest under Section69 of The County Courts Act 1984 at the rate of 8% a year, from the 18thJanuary 2012 to 6th February 2012 of £4.18 and interest at the same rate up tothe day of judgement or earlier payment at a daily rate of £0.22. The claimant istherefore seeking payment of £1000.00, plus the court fees and interest. The claimantencloses copies of: · The assured shorthold tenancy agreement signedon 10th December 2008 relating to the above named premises. · Proof of payment of deposit on 15thDecember 2008. · Confirmation from each of the three governmentapproved tenancy deposit protection schemes that they did not hold the depositfor the above named premises for the entire length of the tenancy. · All correspondence (letter, email, Facebookprivate messages) with the defendant relating to vacation of the premises andreturn of the deposit. · The letter before action sent on 24thJanuary 2012 and the email from the defendant received on 25thJanuary 2012 acknowledging its receipt. · Receipts for cleaning/minor repairs made onvacating the property. · Witness statements. · Notes for defendant.
  2. Ok, so if I cut out the bit about the court make an order for compensation then will that be alright? And obviously change the amount. I thought I'd read the most up to date posts but clearly not - I'm blaming the mobile version of the site! I'm so frustrated that he thinks he can get away with unfairly keeping my deposit so would really like to pursue it in one way or another.
  3. OK, so here is details from my claim form - any advice is much appreciated The claimant is making a landlordand tenant claim (CPR 56.1 (1) (f) and that to comply with CPR PracticeDirection Part 56.2 (1) this claim is using the Part 8 Procedure. The Part 8 Procedure applies. The claimant is the formerassured shorthold tenant of the property known as ...... between 10th December 2008 and 9th January2012. The defendant is the landlord. The claimant claims under Section214 (1) of The Housing Act 2004 that the deposit of £1000.00 required by thetenancy agreement originally dated 10th December 2008 in respect ofthe premises at...., made between theclaimant and the defendant, was not paid into an appropriate tenancy depositscheme (in breach of Section 213 (1) of The Housing Act 2004); or that theclaimant was unable to confirm from the scheme administrator of any depositscheme that they held the deposit for the entire length of the tenancy inaccordance with the scheme (in breach of Section 213 (3) of The Housing Act2004). The defendant has not repaid anyof the deposit and the claimant is not aware of any fair and justified reasonas to why it should be withheld. The claimant asks that the courtmakes an order: 1) That the defendant holding the deposit do repayit to the claimant in accordance with Section 214 (3) (a) of The Housing Act2004. 2) That the defendant do pay the claimant, within14 days of making the order, a sum of money equal to three times the amount ofdeposit, in accordance with Section 214 (4) of The Housing Act 2004. 3) That the claimant claims interest under Section69 of The County Courts Act 1984 at the rate of 8% a year, from the 18thJanuary 2012 to 3rd February 2012 of £14.08 and interest at the samerate up to the day of judgement or earlier payment at a daily rate of £0.88. The claimant istherefore seeking payment of £4000.00, plus the court fees and interest. The claimantencloses copies of: · The assured shorthold tenancy agreement signedon 10th December 2008 relating to the above named premises. · Proof of payment of deposit on 15thDecember 2008. · Confirmation from each of the three governmentapproved tenancy deposit protection schemes that they did not hold the depositfor the above named premises for the entire length of the tenancy. · All correspondence (letter, email, Facebookprivate messages) with the defendant relating to vacation of the premises andreturn of the deposit. · The letter before action sent on 24thJanuary 2012 and the email from the defendant received on 25th January2012 acknowledging its receipt. · Receipts for cleaning/minor repairs made onvacating the property. · Witness statements. · Notes for defendant.
  4. Thanks for the replies. The landlord himself told me he held it in his own bank account (!) and I also have confirmation from all 3 schemes. I am using an N208 form to claim - really was only going to take him to court for unfairly keeping my deposit and try to get it back but after reading up on it I felt that I wouldn't have had the problems trying to get it back, had it been held within a scheme. I'll post full details tomorrow - see what you think.
  5. Hello all, I am currently in the process of claiming against my landlord for lack of securing deposit in a scheme, as well as unfairly witholding it from me. I have filled in my claim form but am having difficulty with the interest - if someone would be able to advise me it would be very much appreciated. I moved into the property on the 10th December 2008 and a deposit of £1000 was paid to the landlord on the 15th December 2008. I moved out of the property on the 8th January 2012. 1) Do I claim interest for the deposit alone or interest on the deposit plus the £3000 compensation? (Totalling £4000) 2) Is it claimed from 14 days after the deposit was paid to the landlord and up until the date the claim is put into the court? I have an understanding that interest claimed can be calculated to a lower amount by the judge but not increased. Many thanks in advance
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