Taking landlord to small claims for deposit- slightly complicated situation

[OohOhhWitchyWoman]

Hello, if any legal bods are about would appreciate advice.

My landlord didn't protect our deposit- he's admitted this. Tenancy started 2014 so it had to be.

We asked for it back, he didn't respond. Then we sent a letter before action (by email- reasons why will become clear) which he also didn't respond to. We still don't have our deposit.

The landlord was poor- he didn't fix serious damp and structural issues (we had weeds, mould and moss growing on the kitchen floor). We now want to proceed with small claims to get our deposit back.

Questions:

1. My landlord lives in the US- though he is British and the flat was let under British law. The address on our most current tenancy agreement is his US one but he previously used his family home address in the UK. Can I proceed with small claims if he's in the US or should i use his family home address? We also paid our rent and deposit into Halifax- UK bank account.

2. We now live in Northern Ireland. Which court do I file too given NI is also part of the UK, but this tenancy is English?

Thanks in advance- it's all a bit confusing.

Bloody hell. Interestingly rent wasn't payable while you weren't provided with a UK address, (section 48 landlord and tenant act) although too late for that.

Use the UK address. And I think the court relating to the property.

I have to say that enforcing the judgement on this crook will be a challenge .

Thanks! Yes I think so too

Landlord and tenant act does not feature in this case if the tenancy agreement is an AST which operates under the Housing Act.

OP, have you checked if your deposit is in one of the three government deposit schemes?

You should be able to track your deposit. I'd you're unable to then you'd have to go through a legal process in England as the agreement was undertaken in England.

Where the landlord lives is irrelevant. Also did you give notice or did he? Was there an agent involved?

You're entitled to 1 and 1/2 times your deposit back if the deposit was not protected. Where the landlord lives (just as you live outside England) is irrelevant.

It's not protected - not in schemes and he also admitted it, said he didn't know he had to (its in the sodding tenancy agreement!) I know I can take him to court, just needed to know if there was anything I needed to do Re addresses. He has most definitely seen the letter of action and is ignoring it and me. I am going to send one more with a shorter deadline to show I've done all I can then proceed with court action.

I gave notice, and it was a private let.

Sorry. 3 and a half times your deposit.

Essentially , he's being a dick and has nicked your deposit. Yep sue him.

Deposit protection has been english law for 10 years. No excuse. You will win the case. As I said enforcement is another matter but worth a go.

I’m not sure but if he’s in the US on a visa, having a court order might affect that?

Nope, he's British and just lives in the US.

We sent a final letter of action to no response so it looks like we're going to court :(

The address for service in the AST should be an address in England and Wales and you should be able to effect valid service at that address (whether LL lives there or not).

The Civil Procedure Rules set out rules regarding service of the claim form and if you don't have a confirmed address for service, it sets out where you can serve - usual address, last known address etc. You can also make an application to serve the claim form out of jurisdiction. I would probably take advice from a solicitor on how to serve in the circumstances.

It will need to be last known address - a previous tenancy agreement had a UK address on it.