Advice needed on applying to the county court to get landlord to put my deposit in a protection scheme

[AnarchyAunt]

My letting agent has failed to put my deposit in a protection scheme - tenancy started in March 2006 with renewals signed in March 2007 and 2008.

I have now got the forms needed to apply to the court to order him to do so, and to pay me 3x the deposit sum in compensation. I think I can do it myself as it is meant to be straightforward, and I can't afford to get a solicitor anyway.

But I am a bit lost as to exactly how to fill them in. The cheque was made out to the letting agency (AT Estate Agents) originally, but then the agent (NH) who dealt with my property left to set up alone and the management transferred to his new agency (NH Estate Agents) in March 2008. But he left my deposit with AT, who when I enquired 3 weeks ago decided to forward the sum to NH with a letter reminding him of his obligation to protect it in an approved scheme. NH has not done so.

So...

a) I do have a case, don't I?

b) And who exactly is the defendant? Is it the agent himself as an individual, or the agency as a firm?

c) How much detail do I need to go into on the claim form?

Anyone?

Can't help myself, but don't like seeing posts unanswered.

have you tried Shelter's housing helpline ?

this might also help?

Thanks

Had a look at the Shelter guide you linked and it seems to be saying that the landlord is he defendant not the letting agent - don't see how this can be the case as the deposit was paid to the agent who manages the property. I really hope its not the case because the landlord lives in Japan [groan]

Assuming you live in England/Wales - I have no idea about Scots law.

Your tenancy agreement - who is it between? Is it from the landlord to you, or from the agent to you? If it is from the landlord, then HE is responsible for the deposit being placed in the scheme.

But as he appointed an agent to sort these things out, any payments of money, cheques, rent (presumably) went to the agent on behalf of the landlord. The buck stops with the landlord, but in practice everything went through the agent. That's what agent means - doing things on behalf of someone else.

So if you issue a claim you name the landlord as the Defendant, but the address for service (which the forms will ask you for) is going to be either the agent's address or another address in England and Wales.

somewhere in your tenancy agreement or on another bit of paper it may say something about an address at which notices may be served on the landlord? it may mention section 48 Landlord & Tenant Act 1987? that will be the address you put down for your landlord. It may happen to be the address of the agent.

HTH

should also say - it is not completely certain that a renewal of a tenancy counts as a date when a deposit is taken.

the rules apply to deposits taken after April 2007, but you actually paid the money over before that date and it was carried over to the new tenancies. I think it could go either way if you took it to court - are you OK with that?

Thanks - only just seen your reply!

Tenancy is signed by myself and the agent - landlady is named but no address or contact details are given. She lives in Japan, but has a daughter working in London to whom I pay the rent.

Address given for serving notices on the landlord is the agent's premises.

I rang Shelter and they said their interpretation of the law is that it can apply to landlords or letting agents.

I have handed over the forms (including one for full fee remission based on income)today, with the agent named as the defendant as he is the only official party I have any contact details for.