advice needed plz getting deposit back

N79

poppy10 wrote: »

Then you still have a contract with the old landlady - sue her for 3x the deposit.

Sorry Poppy, you had a 50/50 chance but you reached the wrong conclusion.

There is now no contract with the old LL - only with the new LL who is wholly liable for the return of the deposit (and any potential claim for non compliance if it gets that far).

G_M hit the nail on the head with the following post.

G_M wrote: »

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.