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Given eviction date, landlord has my deposit and advance

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Comments

  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    edited 15 August 2011 at 8:35AM
    Thanks for replying, I figured this was in the wrong section after posting it, I'll report it to see if it can be moved.

    Here's some more details..

    The tenancy is in England.

    I moved into the flat late 2006. I paid rent to a letting agent along with 1.5 months advance. The agent had been used by the landlord to handle the moving in (deposit, vetting, advance, inventory) but the rent was paid by standing order direct to the landlord. The tenancy agreement was a shorthold one which expired after six months and we verbally agreed to continue on a rolling tenancy.

    In '08 or '09 the landlord sold the property to somebody else who agreed (I have it in writing) to take on the tenancy and that everything would continue as normal - all I had to do was make payment via standing order to the new landlord.

    All was fine until a few months back I got a letter saying the landlord was not paying his mortgage payments and his lender was going to take him to court to try to gain possession of the property. He lost the case and I got a court order for eviction of the flat.

    I'm not sure what type of mortgage the landlord had, I doubt it was a buy-to-let though.

    Cheers.

    Before 1997, means the landlord would not have protected your deposit. I really have no idea if your letter with the new landlord means they had to then protect your deposit as I am not sure this is classed as a new tenancy, sorry. I assume the old landlord gave your deposit to the new landlord? Did you get a letter about your deposit?

    You really need to contact the mortgage lender to tell them you are a tenant in the property. If you don't know who the lender is, you can get their details from the deeds of house. Copies of the deed can be obtained from Land Registry for £4 https://www.landregistry.gov.uk/wps/portal/Property_Search

    Can you post your above quote again, as a new thread, on the renting board? There are a few good landlords on there who know their stuff, Artful is one of them. They will be able to give you a lot more help than I can about getting your deposit back. Shelter England is another place to contact for advice.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • montymud
    montymud Posts: 1,015 Forumite
    Part of the Furniture Combo Breaker
    The council should put you under their deposit scheme if they have one. You need to contact the housing needs section and explain the situation to them. They have a list of landlords that they use and they will be able to tell you if they have any landlord rents available or coming up. Good Luck
  • We found a rental property through an agent and, like you, all the fees/deposit/first rent, etc, were paid to the agent but we then paid the rent direct to the landlord. It is the AGENT who kept the deposit though. Is it worth contacting the agent who you went through to get the property and see if they are still holding it?
    DMP Mutual Support Thread member 244
    Quit smoking 13/05/2013
    Joined Slimming World 02/12/13. Loss so far = 60lb in 28 weeks :j 18lb to go :o
  • You just cannot say something as sweeping as this!

    If the OP is single, healthy and has no children he will be a very low priority for social housing and, in most areas, will have absolutely no chance of being rehoused by the council.


    Actually this is correct I stand by what i said as i know a 55 year old male that is single no dependants has been rehouse in a hostel until sutable flat is available, so yes he was priority as they would not let him live on the streets!
    Maybe in some areas policies are different.
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