How do I sue my landlord?
I am in a long-running dispute with my former landlord who I believe has unfairly withheld a portion of my security deposit. The Landlord is represented by a property management agent (who works for a company) and all dealings take place through the agent.
I issued a claim in the small claims court for the money that is owed to me, and I sued the property management agent as the landlord's representative (because it is them that I paid the deposit cheque to and it is they that hold my money on behalf of the landlord).
I have now had a defence from the agent who says he can't be sued because he was only acting on the landlord's behalf and that any claim must be re-directed and re-issued to the landlord directly. Is this right?
If so, do I have to pay a court fee again to re-direct the claim?
Answers:
We lost £500 to a crooked landlord this way. He claimed that the carpet in one bedroom needed replacing after we left. Well even if it did, I'm sure he didn't need to spend £500 on one bloody piece of carpet!! The stuff that was down was really nasty horrible cheap cord stuff like they have on office floors and its about £10 a metre.
Needless to say he didn't provide bills for the replacement to show how much it actually cost.
We just cut our losses tbh because the guy was a crook and we knew we had no way of winning.
We also lost over £2000 to another landlord - we paid 6 months rent in advance but moved out after 3 months, leaving £2000 in rent that should have been returned to us. the landlady said that unless she could re-rent the property we couldn't have the money back. Well she moved in new tenants 2 days after we left (according to my other half's brother - this house was in Kent and we moved back to Wales so weren't there to check this out for ourselves) but still kept our £2000. Again they were crooked as a dog's back leg and we saw now way of winning our case. She also made up lies about "repairs" which didn't actually need to be done and again had no proof of (she actually used to money to redecorate the place and take a holiday - she was heard bragging about this to someone we know in Kent).
Most private landlords are nasty little crooks and I would sooner live on the streets than rent from one ever again.
Good luck with suing him though, I'm sure he deserves it! Get a good solicitor on the case, preferably one who specialises in Housing Law.
I don't know, but you could be wasting you're time if you didn't leave the house as you found it. The Landlord is entitled to hold back money for any restoration work that might be needed. It'll probably be your word against his.
You got it.
You will probably have to redirect the claim as you say- the agent should have told you that it was no good to take it against them. You may or may not lose some money in trying to claim for it- you will have to pay again but you can add it to what the landlord owes you.
When you leave a property always ensure the landlord or agent is present to check you so that you can sort out any disputes about with holding monies before you leave the house. They have to tell you what money is being withheld and why and they have to prove they have carried out work to the tune of that sum!
not knowing what state you are in this is a general answer. In Calif the landlord has a set amount of time to either give you your deposit back or a copy of the bills for repairs to the property. Who did you make the check out to the landlord or the management company? You don't say if you have already gone to court for this or not. If the agent just told you that he can't be sued then I would not take his word for it. If you have to refile then you will probably have to put out for court fees again. If you have not gone to court yet call and see if it is possible to add your landlord to the suit and go after them both at the same time. That way they won't be able to blame each other in court.
if i was you i wouldnt bother, cut your loses and leave quietly
I agree with you! The management agent took your deposit so it is him that is responsible for checking the rental when you left(should have been with you when it was done) and witholding a part of your deposit was down to him.Go to the CAB and get some free advice.If you did leave the rental dirty or with damage,then you will be charged for repairs,cleaning etc. Good luck,some of these agents are unreasonable and unfair to clients.
Between them they are playing games
If you only had dealings with the property management agent , then yes you can sue him
I know what I whould do , and I whould get my money quicker than any Court could
It should be up to the court to decide if the letting agent is to take responsibility. Logically he is just as liable but it depends on how much he has been involved in your issues before now. eg Have you approached the letting agent with your complaint and he has not resolved it? Has your only dealings regarding the property been through the agent? who took the rent from you? did the agent inspect the property whilst you lived there and when you left?
Personally i think the court will consider the letting agent as the responsible one.if the landlord has the deposit and the agent ends up paying you through the court.the agent can then take the landlord for the same
Hello.If you are in the UK,go to the Citizens Advice Bureau who are experts in dealing with this kind of problem. The Agent can be sued as they act on behalf of instructions from the Landlord. Nonetheless,this "butt-covering" exercise is no excuse for you not to have proper legal advice.The law is there to be upheld and supercedes any or all unfair contracts and conditions that these dreadful landlords and agents make up to with-hold your rightful return of your deposit. By going to the Citizens Advice Bureau,and letting them help,you may find somehow your deposit being returned quicker. Don't delay,do it today! Alan L.
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