Dodgy Landlord???

johnny_kidd

Hello world,
I’m in a bit of strange situation, I’m 2 months into 6 months assured short hold tenancy agreement and I have paid a month’s deposit which does not seem to be registered with any of the three landlord deposit holding schemes. My landlord has not given any info on this and is not responding when asked for the details.
On my contract the person who I thought was the landlord is down as the witness and the person who is down as the landlord is a person who was present at the signing but was not introduced to me, I believe the person who is named as the landlord on the contract is using a different name.
So the person who I understood to be the landlord is the witness on the contact but I have been told that all communication should go through them.
When asking the person who is named as the landlord who owned the property I was told they did not know and that they just helped out.
And when asking the person who is the witness (who I originally believed to be the landlord and whom I must make contact with about the property) about who owned the property I was basically told that it was none of my business.
I am not sure but there seems to be something fishy going on, I don’t want to stay in the property anymore as I need to move for personal reasons – I do not care about my deposit or if anything is dodgy, I just want out!
I believe that if anything is dodgy like they are avoiding Tax or the property is not supposed to be rented etc then I should just be able to pack up my things and leave.
But I am scared that if I do leave I will have them chasing me for the remaining rent etc...
I have visited the CAB but they just gave me a couple of printouts about things I already knew.
My rent for next month is due in the next few weeks, I don’t know if just to write to my landlord and leave, or to pay the rent and advise I want to leave and try and find a new tenant to replace me or to advise the landlord I am withholding the rent until I have confirmation the money is in the deposit scheme.
Please, I hope somebody can help as I am running out of time on this.....

Yorkie1

Irrespective of whether the deposit has been registered, or the complications with who you think is the LL, you have signed a 6 month tenancy and are legally bound to pay rent for the whole period unless you can get the LL to formally agree an earlier surrender in writing.

Even if the LL agrees to an earlier surrender, be prepared to pay re-letting fees and the rent until a new tenant takes up occupation.

Do not just leave. Do not stop paying rent.

johnny_kidd

Thanks for the reply. The let is through a private landlord. I am unsure about anything been dodgy though. I mean if it is then does that make the contract invalid? Do you have to be a registered landlord to let property or use the deposit scheme? The contract I signed is in my possession and the landlord has a copy i made for them. The one i have is a photo copy with some of the wording illegible due to the scan. It also says that the document should not be photo copied or reproduced in any way. Its my first let other than been in student over ten years ago and everything does not seem to add up.

johnny_kidd

Is there anyway i can find out if the property is been let illegally? Or if my landlord is not genuine? What can i do if so? As mentioned i just want out asap but obviously don.t want things to get too messy.

G_M

To check the name of the owner of the property, pay £4 to the Land Registry here.

Either on your tenancy agreement, or perhaps seperately, you should have been given an address "for the serving of notices" on the landlord. Without this, you do not have to pay rent. Though once provided you will need to pay outstanding amounts. See Landlord and Tenant Act 1987

Write to this address requesting your deposit be registered within 7 days. If you get no response, you can make a court claim for 3 times the deposit (though the LL can register any time up till the hearing. I would use joint action against both names on the contract (+ property owner).

Leaving is risky - you signed a contract and can be sued for the rent for the full 6 months.

See also tax fraud here.

You can leave, of course, if you get (written!) agreement from the LL.

sariebeth

It seems to me that you are looking for an excuse to get out of your tenancy early. You should not have signed a legally binding contract if you had no intention of honoring it.

I can't say whether your landlord is dodgy or not. But no, they don't have to be registered to be a landlord.

They do need to protect your deposit, which they may or may not have done. It would be an idea to continue to question this.

johnny_kidd

Thank you. All i have is 2 pieces of paper, one saying tenancy agreement England & Wales with the details of term and landlords address with no postal code. And another stating terms and conditions. It is the one i signed and is a photo copy from law pack publishing. Nothing saying for the serving of notices.

G_M

tenancy agreement England & Wales with the details of term and landlords address

johnny_kidd

I am wanting to obviously get out of the contract early but this was not my intention . I signed the contract believing i would be staying for the full term. But things have changed. I am willing to speak with my landlord and help find new tenants if they will allow me to leave. And also if i can get out quicker i would like to.

sariebeth

Your best (and morally right) bet is to find new tenants. Most landlords will let you out of an agreement early if you find a replacement to take up the remainder of your tenancy.

You can advertise online for free on gumtree, tepilo, vivastreet. Also put signs in the window and in local shops.

rentergirl

Do you have somewhere else to go already? Do you really need to go? Be careful about just vacating, no matter how dodgy this seems. Write a recorded delivery letter (address from land registry) and politely raise concerns. Go to council Tenancy Relations Officer, and Shelter. You might be able to go, by calmly explaining to the landlord the (theoretical) possibility that he might lose up to three months rent if for not registering deposit, and see if he lets you go.