Landlord Bankrupt and my deposit is not secured

G_M

If/when you establish this is genuine, and the Official Receiver is due the rent, then the OR is your Landlord, with all the obligations of a LL. Including lodinging your deposit with a recognised scheme. write to them insisting they do this.

Meantime, do as others have advised, set the rent aside in a separate bank account so you're not tempted to spend it and do NOT pay it out till you are sure who is legally entitled to it.

Change the locks as you seem unsure who now has keys, but KEEP the locks you take out. If they were genuinely changed by the OR then they belong to the OR and must be replaced when you leave eventually.

Trollfever

To confirm the bankruptcy you can search the register here:

http://www.insolvency.gov.uk/bankruptcy/bankruptcysearch.htm

MissMoneypenny

Have you got contents insurance with legal assistance? If you have, you can contact them for legal advice.

stclair

Im sure if this would apply if the LL is going BR.

Sorry ive just noticed the bit about no contract etc *yikes* im sure where you would stand in that case but anyway.




Where a Landlord fails to comply with Tenancy Deposit Protection, there are two sanctions:-

1. Unable to use Section 21 notice Currently, a landlord can serve two months' written notice in the prescribed form under Section 21 of Housing Act 1988 on a tenant in order to terminate a tenancy at the end of a fixed term, or after a fixed term has expired. If necessary, a landlord can obtain an order for possession of an AST in the County Courts under Section 21 of the Housing Act 1988. However, where a landlord fails to comply with Tenancy Deposit Protection, no Section 21 notice may be given in relation to the tenancy until such time as the legislation is complied with.
2. Payment to the Tenant Tenants can make an application to a County Court under Housing Act 2004 if they believe that their deposit is not being safeguarded, or where they have not been given the prescribed information about the scheme in which the deposit is safeguarded within 14 days of the landlord receiving the deposit.
   Where the court is satisfied that the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court must either order the landlord to repay the deposit within 14 days of the making of the order, or order the landlord to pay the deposit to the custodial scheme administrator.
   The court must also order the landlord to pay the tenant three times the deposit amount within 14 days of the making of the order.

http://www.depositprotection.com/default.aspx?bhjs=1&fla=1

ysk

Thank you all for taking time to respond. I understand the guy was bankrupt 5 years ago and has been avoiding court order and hence the reason for arrest.

I have asked the paper work to be shown and the receiver agreed to come and see me today evening. They even changed the keys of another flat which my landlord owns in the same building.

can I tell the receiver the landlord has collected cash from me in last few days for this month rent. I am not trying to cheat but just trying to protect my deposit.

Thanks
YSK

kunekune

That's different then, it sounds like he's been arrested for breach of a civil order, which IS a criminal matter. If you're in touch with the receiver, that's good. Unfortunately, your deposit may turn out to be just another unsecured debt, among many, and you have no priority over the other people. Lying to the receiver won't help with that (although don't volunteer, just answer accurately). I'm sorry, cos it stinks for you.

barnaby-bear

ysk wrote: »

Thank you all for taking time to respond. I understand the guy was bankrupt 5 years ago and has been avoiding court order and hence the reason for arrest.

I have asked the paper work to be shown and the receiver agreed to come and see me today evening. They even changed the keys of another flat which my landlord owns in the same building.

can I tell the receiver the landlord has collected cash from me in last few days for this month rent. I am not trying to cheat but just trying to protect my deposit.

Thanks
YSK

I wouldn't lie.
The receiver is taking over as LL and responsibility for the deposit - if a property is sold the responsibilities all transfer to the new LL and recovering the deposit from the old LL is the concenr of the new.
The deposit is YOUR money it isn't an unsecured debt against the LL, you didn't lend it to him - in law it is your asset. Seek advice from shelter and local council private lettings office.

barnaby-bear

G_M wrote: »

If/when you establish this is genuine, and the Official Receiver is due the rent, then the OR is your Landlord, with all the obligations of a LL. Including lodinging your deposit with a recognised scheme. write to them insisting they do this.

Meantime, do as others have advised, set the rent aside in a separate bank account so you're not tempted to spend it and do NOT pay it out till you are sure who is legally entitled to it.

Change the locks as you seem unsure who now has keys, but KEEP the locks you take out. If they were genuinely changed by the OR then they belong to the OR and must be replaced when you leave eventually.

AS I understood the situation too.

ysk

Thanks barbay-bear and others.

ysk

Hi All,

just thought to share with you all that I have explained the case to the receiver and he has kindly agreed to adjust the deposit against rent payable. Looks like a good chap.

Thanks all for your support

Thanks
YSK