Putting a claim in against letting agent...

sarahbwfc

Hi

Wonder if anyone can help im about to put in a claim against my old landlords who are a letting agency...they did not protect my deposit and are not giving it back. However they have changed the name of the company from what is on the tenacy agreement, on the claim form should I put the new name and then formerly known as and put their old name?
Would this be allowed?

Thanks in advance

Sarah

taxsaver

It rather depends on what the name changes are.... if it was a Ltd company before then no, you cannot as the new business is not the same as the old one. If it was a partnership or sole trader before then maybe; we'd need more info to say.

sarahbwfc

Both names are Ltd company names, so that's why I thought it shouldn't be too much of a problem?

Thanks

Sarah

taxsaver

Unfortunately not the case. If it's two different companies then the new one will not be liable for the debts and actions of the previous one. That would be like if I owed the first one and then you owned the new one, you wouldn't want to have to be responsible for things that I did. A company is legally like a person and each one is separate I'm afraid.

However, the LA is probably NOT the LL but rather their agent. If you look on your copy of your original letting agreement then you should see who the LL is/was and can usually pursue them rather than the LA.

G_M

taxsaver wrote: »

Unfortunately not the case. If it's two different companies then the new one will not be liable for the debts and actions of the previous one. That would be like if I owed the first one and then you owned the new one, you wouldn't want to have to be responsible for things that I did. A company is legally like a person and each one is separate I'm afraid.

However, the LA is probably NOT the LL but rather their agent. If you look on your copy of your original letting agreement then you should see who the LL is/was and can usually pursue them rather than the LA.

I agree exept that the OP says

my old landlords who are a letting agency

and

However they have changed the name of the company from what is on the tenacy agreement

so I suspect the name on the tenancy agreement was the letting agent name.

taxsaver

That is possible, but I'm sure you'll agree that the LA is only very rarely the LL and that many people get confused and think they are as it is the LA that they deal with. I'm simply pointing this out to the OP in case it gives her an avenue to explore that she had not appreciated.

OP, even if the original LA is stated as the LL on your agreement then it's probably still worth looking into my suggestion and you could consider getting details from the Land Registry (£4) of who the registered owner is... it may well not be the LA.

G_M

Land Registry is a good idea.

sarahbwfc

Basically the letting agent is the landlord...landlord on tenancy agreement and their office address as the landlord's address. Its the same people, they are very dodgey and im wondering if the first company went bump so they changed the name?

Just stuck on who to put as defendants.

Thanks for your help and suggestions

Benji

FORGET IT

I am really really sorry but there was a Court of Appeal hearing in Gladehurst Properties Ltd v Hashemi [2011] EWCA Civ 604 this year which, in effect, set a precedent that claims for non protection of deposit are doomed if they are heard after the end of the tenancy.
http://www.bailii.org/ew/cases/EWCA/Civ/2011/604.html
or in English
http://nearlylegal.co.uk/blog/2011/05/eviscerated-now-also-drawn-and-quartered/

sarahbwfc

Im not trying to get 3x the deposit and all that I just want my deposit back. They did the check out and said I would get the full amount back but its been 3 months now not the 10 working days its meant to be. Keep fobbing me off saying it will be this week, I'll get a cheque and never is!

Sarah

G_M

Benji wrote: »

FORGET IT

I am really really sorry but there was a Court of Appeal hearing in Gladehurst Properties Ltd v Hashemi [2011] EWCA Civ 604 this year which, in effect, set a precedent that claims for non protection of deposit are doomed if they are heard after the end of the tenancy.
http://www.bailii.org/ew/cases/EWCA/Civ/2011/604.html
or in English
http://nearlylegal.co.uk/blog/2011/05/eviscerated-now-also-drawn-and-quartered/

The case in question does NOT mean the OP (or any tenant) cannot make a claim for the return of all or part of their deposit once a tenancy has ended.

It only makes the (3 times) penalty impossible to claim once the tenancy has ended.

OP - check the Land Registry. My guess is that the letting agency has been wound up and restarted, but ownership of the property will be with an individual who was, and still is, your real landlord.