Unpaid rent - small claims ccourt - deposit

[philv]

Hi

Tenant left oweing rent.
Refused to release deposit from deposit protection scheme.

I went via smallbclaims court.
Tenantvnever responded.

I was awarded judgementbin default.

I asked in ckaim form and in covering ketter on request for judgement by default that the judge order the deposit to be released and paid in satisfaction of the order.

But on the letter i receuved today saying i have won by default, it says nothing about the deposit.
It hasnt been seen by a judge.
It looks like its just been rubber stamped by a ckerc.

And im no better off.
The whole point eas just to releasebthe depost and forget the rest.

Now i may have to apply again to the court and soend another 70 quid.

Have the court made a mistake?
Shouldntbthis have gone in front of a judge as i adked for an additional clause in the order to release the deposit?

Thanks

[Campo]

What the heck happened to your keyboard?

Anyway, you need to read up on the rules of the scheme you used for Deposit Protection

Normally with the small claims court you win, then if you have no joy you have to pay for a court appointer bailiff to retrieve the awarded amount from the loser.

In my case with an eBay sale gone bad (fraud), I won, sent Bailiffs and still ended up with fk all.

How much arrears is it? Hundreds or thousands?

[B17NNS]

I think the court will see the deposit as a separate entity. You might have to get the court to enforce the judgement to get back any unpaid rent. Personally I'd be glad they left and have not caused damage. Presumably they have not requested the deposit back? Have you spoken to the people who hold the deposit?

[philv]

I have read up.
Supposed to adk for the order to be varied to allow deposit to be released.

The scheme requires a court order.

I asked on ne claim form and request for default judgment to have the required clause added to the judgment.

I get the judgment and nothing is on here.

It has not been seen bt a judge.

When i rang them befire asking for judgment by default they said to put in a covering letter and if it needed to go before a judge it would be passed on.

Theyve totally ignored it.


Im waiting for the court to call be back.

Not the keyboad - poor eyesight. Apologies.

[philv]

B17NNS said:

I think the court will see the deposit as a separate entity. You might have to get the court to enforce the judgement to get back any unpaid rent. Personally I'd be glad they left and have not caused damage. Presumably they have not requested the deposit back? Have you spoken to the people who hold the deposit?

Tenant owes more that deposit.
He is being an asshole and refuses to agree to release it.

Rediculous system

[98elise]

Campo said:

What the heck happened to your keyboard?

IKEA keyboard from the looks of it

[Burgmeister]

Ridiculous that a landlord in business doesn't know how to resolve stuff like this.

[philv]

Burgmeister said:

Ridiculous that a landlord in business doesn't know how to resolve stuff like this.

I have one flat that was let out.
Hardly a buisness.

Thanks for such an informative helpful reply though.

[philv]

So after getting judgement and the clause to release the deposit being firgotten about (ie it was not given to a judge to add)

I phoned the small claims centre and they put it in front of a judge.

Today i got a new order with the clause added.

Except that it says The Deoosit Protection Scheme.
It should say The Deposit Protection Service.

The dps will no doubt object and refuse to release as hey say any order has to refer to the dps(deposit protection service)

Bugger