I was lodger - Landlord returned partial deposit - Just delaying rest

[bowcreek]

And obviously I had sent him the account details couple of times already but did send same to him after 8 days again as he asked me to in that mail !!!

 

And his excuses carried on and on...

[bowcreek]

Hi fellow members - what do you suggest now please? Should I send the LBA or file the case now?

[Beatrice Bee]

[ATTACH=CONFIG]49212[/ATTACH]You should have sent the LBA ages ago, when it was first mentioned up here, and in hard copy format, not emailing, like you kept doing.

 

Service of documents: email is not accepted by the courts unless you previously agreed with the other party in writing that you accept notices and documents through email.

 

The letter has to be headed Letter Before Action, paper, certificate of posting you get from the post office. It is free if posted first class.

 

Landlord knows that you want to sue him so may not sign for letter in which case it will be returned to you [if sent recorded signed for].

 

With a certificate of posting he does not have to sign for it so he can not refuse to receive it.

 

If you are on low income or on certain benefits, you fill in a Fee Remission form and you do not have to pay court fees.

 

Say it in your LBA that you "keep a copy of this letter, retain proof of posting and the court claim will not cost anything as on low income and applying for fee remission".

 

The fee remission form is on page 30 of the attachment.

 

There is no guarantee that LL will ever pay up even if there is a court order. He knows it, that is why he is messing OP around.

 

I would only sue if it costs nothing to file a claim. Eg in receipt of IB-JSA, IB-ESA, Guarantee State Pension Credit, Income Support, Universal Credit.

 

The only way of preventing LL not paying back deposit is not paying the last few weeks rent saying is it ok because you need the money to deposit a new flat. Let LL inspect the property, get a statement about condition of flat.

 

Lodger's deposit does not have to be protected in government approved tenancy deposit scheme as not assured shorthold tenancy but a licence to occupy.

[bowcreek]

[ATTACH=CONFIG]49212[/ATTACH]You should have sent the LBA ages ago, when it was first mentioned up here, and in hard copy format, not emailing, like you kept doing.

 

Service of documents: email is not accepted by the courts unless you previously agreed with the other party in writing that you accept notices and documents through email.

 

The letter has to be headed Letter Before Action, paper, certificate of posting you get from the post office. It is free if posted first class.

 

Landlord knows that you want to sue him so may not sign for letter in which case it will be returned to you [if sent recorded signed for].

 

With a certificate of posting he does not have to sign for it so he can not refuse to receive it.

 

If you are on low income or on certain benefits, you fill in a Fee Remission form and you do not have to pay court fees.

 

Say it in your LBA that you "keep a copy of this letter, retain proof of posting and the court claim will not cost anything as on low income and applying for fee remission".

 

The fee remission form is on page 30 of the attachment.

 

There is no guarantee that LL will ever pay up even if there is a court order. He knows it, that is why he is messing OP around.

 

I would only sue if it costs nothing to file a claim. Eg in receipt of IB-JSA, IB-ESA, Guarantee State Pension Credit, Income Support, Universal Credit.

 

The only way of preventing LL not paying back deposit is not paying the last few weeks rent saying is it ok because you need the money to deposit a new flat. Let LL inspect the property, get a statement about condition of flat.

 

Lodger's deposit does not have to be protected in government approved tenancy deposit scheme as not assured shorthold tenancy but a licence to occupy.

 

Thank you for the insights to the fee and refunds.

 

If I remember correctly, It was mentioned by some members that it is going to be a small claim court and I do get fee back if I win. I am not sure if your attached document was taken into account or if that applies to this particular claim.

 

I wonder how would such small level cases would even go to court if the victim has to suffer and pay on top of his losses ?

[Beatrice Bee]

The way you supposed to get the claim fee back is the court orders the other party to pay it to you if you win the case.

 

It is not council tax arrears that the debtor may end up in prison so your ex LL is not bothered about it.

 

It costs money to get the bailiffs involved and what they cease and sell, they use the money to pay their fees first and if any money left, you get it.

 

The LBT is what supposed to prompt the other party to pay up so do your best because even if there is a court order to pay you the £125 and the £100 online claim fee, LL may choose not to pay. His credit rating may be negative already.

 

So you got a cheque for £125? What do you mean by "drop the cheque"? You cash a cheque at your bank to get the money. It is probably not true that LL closed his bank account. He does not want you to cash the cheque. I do not understand the whole lot: if you have a cheque to cover the remainder of the deposit [the second £125] why didn't you cash it as soon as you got it?

[bowcreek]

So you got a cheque for £125? What do you mean by "drop the cheque"? You cash a cheque at your bank to get the money. It is probably not true that LL closed his bank account. He does not want you to cash the cheque. I do not understand the whole lot: if you have a cheque to cover the remainder of the deposit [the second £125] why didn't you cash it as soon as you got it?

 

I will try to explain. He gave me 2 checks when I visited his house a few months after he didn't pay my deposit. He asked me to deposit one immediately which I did and asked to hold the other one for 1 or 2 months.

 

After that period I sent him an e-mail saying I am going to deposit the other cheque now on which he responded if I could hold for some time. And that wait then went forever till today with his various excuses to fool me around including the one where he said he closed that account as his card was cloned or something !

 

Is there a way I can check if that account which he claims to have closed is still live and quickly encash that cheque?

 

Isn't he breaking law if he gave me a cheque and that bounces when I encash it ? What consequences he has to bear in that ?

 

many thanks.

[silverfox1961]

Isn't he breaking law if he gave me a cheque and that bounces when I encash it ? What consequences he has to bear in that ?

 

I believe it is called 'passing a cheque with the knowledge it will bounce' and (while not 100% certain) could be classed as fraud.

Ring up your local plod and ask