legal proceedings for deposit back

BitterAndTwisted

You should be able to find out who owns the property by paying four quid on the Land Registry website.

Then send you Letter Before Action to them. It's the new landlord who is now responsible for the return of your deposit.

kanari

Thank you for replies

the agent refuse to give me the name and address of the new LL , same thing the old LL refuse to give her solicitor details

I tried on the land registry to get registred title but its expensive 14.95£ , can you plz give me the link where is the cost only 4£ ?

I will call today the tenancy relations officer and see if they can help on this

G_M

A) £4 to the Land Registry to find out who owns the property now.

Who do you pay rent to? The agent? Write giving them 21 days to give you the LL's name address under LL & Tenant Act 1985:

Disclosure of landlord’s identity

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—
(a)any person who demands, or the last person who received, rent payable under the tenancy, or
(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,
that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.
(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

C) As advised before - ignore the old LL. He has sold the property and all responsibility. The new owner is your LL and has to return your deposit. If the old LL did not 'transfer' the deposit to the new LL, that is the new LL's problem, not yours!

D) Small Claims Court for the deposit against new LL. DIY. Solicitors costs (of either side) are NOT recoverable in a SCC so you'll just pay out money. The whole idea of a SCC is that it is cheap, informal.

kanari

Thank you so much for the link G_M

I was paying the rent to the agent account

I am getting income support that makes me eligible for legal aid or public funding for the solicitor ?

may_fair

G_M wrote: »

Who do you pay rent to? The agent? Write giving them 21 days to give you the LL's name address under LL & Tenant Act 1985:

I don't think s.1 applies to ex-tenants/ex-landlords.

may_fair

kanari wrote: »

I am getting income support that makes me eligible for legal aid or public funding for the solicitor ?

You will not get legal aid for a claim for return of your deposit. You will have to conduct it as a litigant-in-person. Borrow a book from the library on small claims procedure.

may_fair

G_M wrote: »

Who do you pay rent to? The agent? Write giving them 21 days to give you the LL's name address under LL & Tenant Act 1985:

Just remembered something. Section 3 is the one which says new LL must serve notice of the LL changeover to the tenant. But further down it says, I think, that the old LL is still liable up to the point at which the new LL serves this notice - if no notice was served, then this would mean old LL is still liable.

Have a look and tell me what you think.

may_fair

@Kanari, were you served any notice telling you that the property had been sold and giving you details of the new landlord?

kanari

No I didnt recieve a writing letter telling that the flat has been sold , the agent contacted me by phone and told me that and recieved an email with details of how to pay the rent

kanari

I think I will do a small claim court against 3 of them : the old LL , the agent , the new LL !!!!

can I do that ?