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S.214 Housing Act 2004 claim against landlord - venue? Advice?

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  • S.214 Housing Act 2004 claim against landlord - venue? Advice?

    I've gone through the various stages of trying to find out where my landlord has deposited my £750 deposit, as required by the Housing Act 2004 (the Shorthold Assured Tenancy agreement was only signed by both parties last year so the requirement is there).

    Coming to the end of the tenancy, I realised that I had never received the information required by law about my deposit: I wrote asking for this specifically (Recorded Delivery) but didn't get any response. I wrote the attached letter (again served by Recorded Delivery on the landlord c/o the letting agent, as required by the terms of the Agreement) and things have gone a bit sour, with less-than-courteous e-mails from the letting agent threatening to send my deposit to a co-tenant not involved in the administration. Crucially, although I made it clear that the money should NOT be sent to her, giving my address as shown in the attached, the letting agent stated that the deposit would be sent back - but nothing has been received nor have I heard any more (over a week later). More importantly, it would seem that the money was never deposited in a tenancy deposit scheme as required by the Act.

    I'm missing out some of the peripheral detail (for example, the company is a limited company and although trading from its registered office, doesn't actually show the company name on its letterhead, nor that it IS a limited company), but I'm ready now to apply for an Order under S.214.

    Question: Should that application go to the Court for the area in which I live, or in which the property is situated - I think the latter, but it will be a pain for any appearances; also, can I use Money Claim Online (I think not), and can anyone suggest a form of words for a draft Order?

    Any advice gratefully received - thanks.

  • #2
    Re: S.214 Housing Act 2004 claim against landlord - venue? Advice?

    I guess I am gonna work backwards on this one. Have you got the receipt and what is the date on the receipt?

    Comment


    • #3
      Re: S.214 Housing Act 2004 claim against landlord - venue? Advice?

      Originally posted by natweststaffmember View Post
      I guess I am gonna work backwards on this one. Have you got the receipt and what is the date on the receipt?
      Thank you for your response... the deposit and the first month's rent were paid together to the landlord's letting agent via a BACS transfer from my bank account in two parts: £200 on 19 September 2008, and the balance of £1,300 on 26 September 2008 by the same means. I don't have a separate receipt for either, but the same method and bank account were used for each of the subsequent rent installments (calendar monthly).

      Comment

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