advice needed plz getting deposit back

kanari

any more advices or help plz ?

and thank you everyone

kanari

still need help

G_M

My own interpretation is very different to much of that above.

New landlord bought the house, together with the responsibilities that are attached to the house, from the old LL.

Tenant now (rightly) pays rent to the new LL.

New LL is responsible for maintenance, gas safety certificate, and all the responsibilities, financial, legal, etc., of being a LL.

When buying a house with a tenant in place, the buyer has to ensure he knows what he's buying:

is the tenant on an AST? or a regulated tenancy? (those rights don't vanish on transfer of ownership);
when will the fixed term expire? (LL cannot evict the tenant till then)
did the tenant pay a deposit? (new LL becomes responsible for it)

If the new LL failed to factor in the value of the deposit when paying for the property, or get it transferred, that is the new LL's fault. He should have done. He is now the tenant's LL and as such responsible for the deposit.

If the deposit is no longer protected, the new LL is breaking the law.

When the tenant leaves, it is the new LL he should demand his deposit back from. Or sue.

Though as a belt and braces measure I would suggest suing both LLs jointly!

As a parallel, suppose I buy a house on which there is a mortgage or other Charge, I will make d*mn sure that on Completion the mortgage will be paid off. If not, when the seller inevitably stops paying the monthly payments, the lender will reposess my house from under me. The mortgage stays with the property just as the tenant's deposit does.

Morglin

Shelter should be able to give advice in how to get your deposit back, and from whom:

Advice Line: 0808 800 4444


http://england.shelter.org.uk/get_advice/renting_and_leasehold

Lin

kanari

thank you every one for you help

still not getting back my deposit , and still both of them claiming that they dont hold it

now I asked them to provide me with proof and no replay untill now

if they didnt give me any proofs can I sue them both ?

and what is the time limit on which I have to take action ? because I have to travel next week and coming back after 1 month , so can I sue them after I come back

Thank you

kanari

by the way I have contacted the protection and this is a copy of ther replay :


Further to your emails, the new landlord should have reprotected the deposit if the deposit was a point of sale with the property. He has not protected it with our scheme but may have with one of the other two schemes. I would advise you to contact them on the details below:

The Dispute Service 0845 226 7837
The Deposit Protection Service 0844 4727 000

The only way that you would be able to raise a dispute with our scheme under the previous protection is if the new landlord can prove that the deposit was not a point of sale with the property.

Kind regards

BitterAndTwisted

Write a letter headed "Letter Before Action" to both the old landlady and the new landlords care of the agents stating that to your knowledge as the deposit was not/was a point of sale with the property as far as you are concerned they ar responsible for the return of your deposit and should that deposit not be returned to you with 7 days you intend to start proceedings in the Small Claims Court.

Send two copies of each letter from two different post offices on the same day getting proof of postage. Keep your proofs of postage somewhere handy.

With a bit of luck you could get your deposit returned by both parties if they can't be bothered to check their paperwork properly for such a small amount of money.

kanari

thank you bitterandtwisted for your replay that will help me when I decide to go for court

the thing is that they are not refusing to pay but both of them think and claim that they dont hold the deposit

and please I need an advice about this :

what is the time limit on which I have to take action ? because I have to travel next week and coming back after 1 month , so can I sue them after I come back

BitterAndTwisted

If you send the letters as I have advised this will most probably prompt both parties to examine their paperwork and reply to you. They might even furnish you with copies of the paperwork to confirm their position. Then you will know who to take to court.

There is no pressing deadline for you to take action. You have years, most probably. All you need is documentary proof that you have paid it and that it is returnable because of no deductions having been necessary due to dirt or damage when you left.

kanari

thank you very much for all the advices , I will give them a chance to provide me with proofs of what they claim

I just spoke to the new landlord agent and he said that he will send me proof that the deposit was not point of sale as soon as he can