legal proceedings for deposit back

RAS

No

At least one and possible two cases wouyld be vexatious.

kanari

Thank you RAS

which form I have to fill for the claim

G_M

may_fair wrote: »

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.

I believe you are right. (It's not an area I've had experience with but on reading S3.......)

Kanari - if you have never been informed in writing, by either the old or new landlord, of the new LL's name and address, then the OLD landlord continues to be liable (S3 of the Landlord and Tenant Act 1985 see here):

"
3 Duty to inform tenant of assignment of landlord’s interest.

(1)If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.
...
(3)A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

(3A)The person who was the landlord under the tenancy immediately before the assignment (“the old landlord”) shall be liable to the tenant in respect of any breach of any covenant, condition or agreement under the tenancy occurring before the end of the relevant period in like manner as if the interest assigned were still vested in him; and where the new landlord is also liable to the tenant in respect of any such breach occurring within that period, he and the old landlord shall be jointly and severally liable in respect of it.
(3B)In subsection (3A) “the relevant period” means the period beginning with the date of the assignment and ending with the date when—
(a)notice in writing of the assignment, and of the new landlord’s name and address, is given to the tenant by the new landlord (whether in accordance with subsection (1) or not), or
(b)notice in writing of the assignment, and of the new landlord’s name and last-known address, is given to the tenant by the old landlord,

Note the "jointly and severally liable". That means they are BOTH responsible in law. So yes, take legal action against them BOTH.

may_fair

kanari wrote: »

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 ?

Bring a claim against old landlord and new landlord as co-defendants. Don't bother with the agent.

may_fair

RAS wrote: »

No

At least one and possible two cases wouyld be vexatious.

No, it would not be vexatious for OP to bring a claim against old landlord and new landlord as co-defendants, citing liability under s.3 Landlord and Tenant Act 1985.

may_fair

G_M wrote: »

I believe you are right. (It's not an area I've had experience with but on reading S3.......)

Well, if both of us read it the same then I think it means what we think it means. It makes sense, too, that, if there is non-compliance with notifying T of LL changeover, T still has a remedy.

jjlandlord

kanari wrote: »

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

In addition to what was said above about section 3, I suspect that this also means that you may not have been provided with an address where notices to new landlord should be served under section 48 of LTA 1987.
This is of no use at this stage, but for reference I'd like to point out that should that be the case, it would mean that no rent was due to new landlord at all!

kanari

thank you everyone for your replies and advices

I need your help on this plz :

- which form I have to fill and submit ?

- based on my case what are the wording I have to whrite on the form ?

- which evidence I have to submit with the form ?

- to which court I have to submit the form ? I am in london westminister

I will be very gratefull if you can help me on this

thank you

kanari

help plz

kanari

:(:( plz