renting without buy to let

zzzLazyDaisy

sparkle83 wrote: »

what I did wonder is, as we signed the agreement when they had directly told us it was on buy to let, does this mean they've fraudulently gained money by deception?

I would never rent from friends again, and once I get what I need (deposit and decent reference for new property) I am very unlikely to speak to them any further.

I am sorry to hear that you have fallen out with your friends.

I don't see how they could be guilty of fraud or obtaining money by deception. Yes you have paid them £8.5k during the period you have been living there, but you have also had the benefit of living in the house. The fact that they failed to make appropriate arrangements with their lender does not affect you unless the house is repossessed. But since they are selling the house, that hopefully won't be an issue.

As far as the deposit is concerned, yes they should have registered it, but if they haven't, and your main concern is getting the deposit back, then just deduct it from the final month's rent. They can't say anything if the deposit was never registered.

Of course you can always refuse to move on the basis that they have failed to protect your deposit (if that is the case) and therefore notice to terminate the tenancy is invalid. You can also take them to the small claims court for 3x the value of the deposit (though whether it would really be worth the hassle for £300).

However, you also say that you want a good reference from them - if you are difficult about moving out, they may refuse to give you a reference.

sparkle83

it's all just one big nightmare at the moment as trying to find somewhere that will take us with a dog and four cats is proving near impossible. Living in a tent in my mums garden is looming...

morty1963

I started to rent my current flat in DEC 08, LL said they would put deposit into scheme, they failed, i made a threat of court action and got the 3x deposit off them as a fine and the deposit in a scheme... if you dont ask you wont get

franklee

A few more prescribed information links in this thread:

http://forums.moneysavingexpert.com/showthread.html?p=23126433#post23126433

Fire_Fox

sparkle83 wrote: »

it's all just one big nightmare at the moment as trying to find somewhere that will take us with a dog and four cats is proving near impossible. Living in a tent in my mums garden is looming...

Whilst I feel for you, this has absolutely nothing to do with the professionalism of your current landlord.

zzzLazyDaisy

Sparkle, forgive me if I'm wrong, but it seems that the real reason for your anger against your friends is not that they have failed to obtain consent of their lender and protect your deposit, but that they have decided to sell up which means that you are now forced into the difficult position of trying to find suitable accommodation for yourself and your animals.

If that is right, I suggest that you concentrate your energy on looking for somewhere else to live, rather than getting back at your friends.

Once you have found somewhere else, you can still consider whether you have any claim or grievance against your friends, but at this stage keeping a roof over your head is really your main priority, isn't it?

I'm sorry you are in this position - my son has a dog and we had a really difficult time finding private rented accommodation for him because of this. But we did find somewhere in the end, so don't give up hope.