How to respond to N244 from joint defendant to small claim

[samwardill]

I lodged a claim against both my former landlord and his letting agent to recover a tenancy deposit. The reason why I also incuded the agent was because he didn't follow Tenacy Deposit Scheme code of practice. I was advised by a legal helpline provided by my home insurer that I could claim therefore claim against him too. The Housing Act 2004 Chapter 4 section 9a makes it clear that Tenacy Deposit Scheme obligations refer both to a Landlord AND a person acting on their behalf.

The agent filed an N244 application to have the claim against him struck out. He did not share a copy of this application with me. The first I heard of it was when I got a notice from the court saying that the application had been successful and ordering me to pay £108 costs. The legal helpline tell me that they stand by the advice that they gave me befoe but they are not permitted to tell me how to proceed because this would be regarded as remore litigation and they are not permitted to do this. What can I do?

[atticus]

Does the order say it was made in your absence and that you may apply to set it aside? If so, you may do that.

Otherwise, you may appeal.

Either way, is t necessary to sue the agent as well as the landlord? The fact that you can does not mean that you must.

NB the reference to the Housing Act 2004 appears to be incorrect. Chapter 4 is about Demolition orders, and there is no s9A.

I suggest that you read s214: https://www.legislation.gov.uk/ukpga...34/section/214.

[samwardill]

Hi atticus . Thankyou for the help!

The order does not say it was made in my absence nor does it offer me the opportunity to have it set aside.

The reference is this one https://www.legislation.gov.uk/ukpga...rt/6/chapter/4 I guess I should quote as Housing Act 2004 s212 Chapter 4 point 9. Is this right?

The reason for claiming against the agent is that it is the agent that is at fault. The agent failed to follow Tenancy Deposit Scheme protocols and, as a result, the inventory record was not adequate. The Property Ombudsman offered me £200 (from the agent) but the outstanding deposit is ~£1200. I declined the offer of £200 because I felt that the agent was more liable than the landlord (and I was advised that I could raise a joinr claim). I have never actually spoken to the landlord or corresponded with them.

Is there a cost to lodge an appeal? Do I use an N161 form?

[islandgirl]

Was the deposit in a scheme? Why was it returned to the LL /agent if so? You should have had the ability to dispute it

[samwardill]

Was the deposit in a scheme? Why was it returned to the LL /agent if so? You should have had the ability to dispute it

It was in the scheme. It was partially returned but the scheme assumes that the inventory is an accurate record of condition. The agent did not follow Tenancy Deposit Scheme protocols and therefore the inventory was not an accurate record of condition.

[jaguarsuk]

The agent filed an N244 application to have the claim against him struck out. He did not share a copy of this application with me. The first I heard of it was when I got a notice from the court saying that the application had been successful and ordering me to pay £108 costs. ?

The order cannot possibly be the first you heard of the application to strike out, £108 is the cost of an application by consent, meaning they had to have your consent to file the application and pay the lower fee in writing.

If they didn't have your consent the fee would have bee £275 and thus the costs award against you would have been that.

The fact it is an application by consent would also explain a lack of leave to apply in the order (opportunity to appeal, set aside or vary the order).

[atticus]

That is not right. If this is the provision you wish to cite, you cite it as section 212 (9(a)) Housing Act 2004.

[samwardill]

The order cannot possibly be the first you heard of the application to strike out, £108 is the cost of an application by consent, meaning they had to have your consent to file the application and pay the lower fee in writing.

If they didn't have your consent the fee would have bee £275 and thus the costs award against you would have been that.

The fact it is an application by consent would also explain a lack of leave to apply in the order (opportunity to appeal, set aside or vary the order).

They didn't have my consent. I got a copy of the N244 Application only when the Judgment was shared with me. The Application notice was for an order under CPR rule 3.4(2)(a)