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Landlady was repossessed, can the agency keep any of our deposit?
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davemanc
Posts: 1 Newbie
Hi,
I've just moved out of a house that has been repossessed by the bank for the landlady failing to pay her mortgage (not once in 12 months despite us paying rent every month.) On top of this she might be taken to court for fraud as she had taken on a normal mortgage, not a buy to let mortgage. The question that I have is whether the agency that she was letting through have a right to with hold any of our deposit for whatever reason as the house is now no longer in her possession?
They've been contacting us asking when we were finally moving out so that they can do a final inventory etc, what claim do they have to the property (bearing in mind we've had no contact from the landlady?) Unfortunately I can find very little information for tenants in this position. Can we claim straight to the DPS for the entire of the deposit to be returned? It's our feeling that this is how the situation should be played out, not least in part for the shock of being let down and having to scramble to find somewhere to live in the Christmas period with various financial stresses adding to the strain of finding a new property. What position can we take and what rights do we have?
Thank you very much for any help that you can offer.
I've just moved out of a house that has been repossessed by the bank for the landlady failing to pay her mortgage (not once in 12 months despite us paying rent every month.) On top of this she might be taken to court for fraud as she had taken on a normal mortgage, not a buy to let mortgage. The question that I have is whether the agency that she was letting through have a right to with hold any of our deposit for whatever reason as the house is now no longer in her possession?
They've been contacting us asking when we were finally moving out so that they can do a final inventory etc, what claim do they have to the property (bearing in mind we've had no contact from the landlady?) Unfortunately I can find very little information for tenants in this position. Can we claim straight to the DPS for the entire of the deposit to be returned? It's our feeling that this is how the situation should be played out, not least in part for the shock of being let down and having to scramble to find somewhere to live in the Christmas period with various financial stresses adding to the strain of finding a new property. What position can we take and what rights do we have?
Thank you very much for any help that you can offer.
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Comments
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If it has been repossessed the first thing the bank would do would be to have a locksmith call and change the locks.
How do the letting agents still have access to the property to do the final check out ?
I can see where you are coming from and I think they would be on a very sticky wicket to retain any of the deposit on behalf of the landlord as the property and any damage is no longer hers to put right.0 -
Hi,
I've just moved out of a house that has been repossessed by the bank for the landlady failing to pay her mortgage (not once in 12 months despite us paying rent every month.) On top of this she might be taken to court for fraud as she had taken on a normal mortgage, not a buy to let mortgage. The question that I have is whether the agency that she was letting through have a right to with hold any of our deposit for whatever reason as the house is now no longer in her possession?
They've been contacting us asking when we were finally moving out so that they can do a final inventory etc, what claim do they have to the property (bearing in mind we've had no contact from the landlady?) Unfortunately I can find very little information for tenants in this position. Can we claim straight to the DPS for the entire of the deposit to be returned? It's our feeling that this is how the situation should be played out, not least in part for the shock of being let down and having to scramble to find somewhere to live in the Christmas period with various financial stresses adding to the strain of finding a new property. What position can we take and what rights do we have?
Thank you very much for any help that you can offer.
Legally the LL is responsible for returning the deposit.
If the tenancy started in the last two years it should have been in a deposit scheme if it wasn't your comeback is against the LL. The LA probably shouldn't have your deposit in the first place - if they do - then it is legally your money so handing it over to the LL would be dubous. You need to clarify when tenancy started and where the deposit currently is.0 -
You might want to take legal advice about also recovering your costs for the move etc. Have you got legal insurance on your contents mortgage? If you have, ask if they will provide you with a solicitor or even a legal helpline. Or even ask one of the no win no fee solicitors? I have read that credit cards sometimes have this legal cover too, so that might be worth checking.
If the landlord hasn't got any money left or any property, you may have a case against the letting agent? The Letting Agent said a property was available for rent when it wasn't, as the mortgage lender had not given their permission to let..RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
Your TA has now been terminated.
As such you are entitled to the return of your deposit so you should make a request to the appropriate DPS for it's return.
The fact the property has been repossessed does not relieve you of any or all financial responsibilty under the terms of the TA whilst it was active.
In short, the LL can claim deductions from the deposit in just the same way as if the property had not been repossessed.
I'm a little confused as to how long ago you moved out. You say you have only 'just' moved out, but then talk about having to find somewhere to stay last christmas which was almost 6 weeks ago. If this is the case, your delay in requesting your deposit back may cause some difficulties, but request it back and let us know if you need more advice."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100
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