LA taking everyone for a ride.

Blacksheep1979

Jowo wrote: »

That's not my understanding, at all. There are two contracts in place, one between the agent and the landlord, and one between the landlord and tenant (which the agent is facilitating).

If the agent and landlord are having a dispute, then they can take action against each other for the breach of contract.

And if the tenant has signed a contract saying he will pay the LA £x a month and hasn't it will be a walkover in court.

Jowo_2

Blacksheep1979 wrote: »

And if the tenant has signed a contract saying he will pay the LA £x a month and hasn't it will be a walkover in court.

The agent may take the landlord to court for a breach of contract or the landlord may take the agent to court for a breach, since there is evidentally a dispute about the management and receipt of the rent.

But the agent won't be taking the tenant to court. The tenant hasn't signed a contract with the letting agent, the tenant has signed it with the landlord. There is a separate contract between letting agent and landlord allowing them to sign documents upon the landlord's behalf.

debrag

tbs624 wrote: »

debrag - your LL seems not to understand that if the LA has disappeared with your original tenancy deposit then the buck stops with him, as the LL. Ultimately, it was his responsibility to ensure that the deposit was scheme-registered: the fact that he delegated that to an LA is none of your concern.If he wants a deposit from you to cover the tenancy he has one - he just has to prise it back out of the LAs sticky little paws. The LA did not take the deposit on his own behalf , he took it on behalf of your LL, acting as his agent ( hence the title letting agent);)

Check for yourself with each of the three schemes - see here - and get confirmation in writing, either way.

I just don't want them to turn around and ask me to leave.

RobertoMoir

debrag wrote: »

I just don't want them to turn around and ask me to leave.

Well rolling over for the sake of a quiet life is a decision you have to make, but it helps to appreciate the position you're in and what rights you have when making that decision, right?

I'd worry about a LL who didn't understand what they were doing. It doesn't bode well for your professional relationship with them in the future. What if they decide you need to pay for other things that aren't your responsibility too? At what point does it become better to cut your losses and move out?

debrag

well if I have to move out i'll move back home. The LL's seem to know what they are doing about a new contract and securing a deposit just not about the lost deposit.

Zelie

They've already secured a deposit from you. If they've subsequently allowed their agent to run off with it then that's their problem, not yours.

If they get shirty about it you can always tell them you are considering taking legal action against them for not having secured your deposit.

tbs624

Debrag - you are within your fixed term so he can't kick you out before the contract expiry date, unless you stop paying rent, for example, and even once it gets to expiry while ever your tenancy deposit remains unregistered your LL is unable to serve a valid S21 notice of intent to repossess the property on you.

debrag

my contract is May 2009 to May 2011, clause 6 months then 1 month notice from either side.

Soot2006

Edited as realised the contract ran till 2011 specifically so the LL could scam his tenant out of the legal 2 months notice period. Ho hum ... Does this work?

tbs624

Your LL can write whatever he wants into his contract but IMO *he* cannot give *you* less than 2 months notice.

Ring community legal advice 0 845 345 4 345 and ask to speak to someone with LL&T experience. Or talk to Shelter 0808 800 4444, or to the tenancy relations officer on the private sector rental team at your local council