Tenancy, Bailiffs and Deposit advice wanted !!!

Cpcompany

Hello.

I made a thread recently about a few issues with my agent regarding benefits and got some helpful advice, thanks to all who contributed.

Well, the situation is this.

Recently we have been getting threats from bailiffs due to an outstanding debt, which our agent has assured us would be sorted out. Which it appears it hasn't.
So, as we can't trust our agent, I have been almost elected by house members to sort some legal issues out.


One of the issues is that on our contracts, there is no contact address for the agent or the landlord. From what I understand , this is not legal and should have been sent to all tenants.
I am aware that if we sent a request in writing, that they have to give it to us. Unfortunately, when I asked the agent for a contact address, she wouldn't give me it.

So, I am wondering, would a text message count as "in writing" seeing that I have no home address to write to the landlord?

All I have is a phone number to call or text and an email address.

Or would a letter to our own house addressed to the agent (She comes to pick up letters occasionally) cover us in regards to a request for an address in writing?

Also, it appears that our deposits arent protected. Again, would a letter to our house address to the agent ensure that we have made a legal, written request?

Also, with regards to the bailiffs, the council tax officer informed us himself last week that we are getting threats from the bailiffs because the council tax is in a past tenants name and the owners havent been paying.
The agent angrily informed one of the girls in our house that everything would be sorted out, and not to contact the bailiffs ourselves.

Is there anything we can do except to fax the bailiffs our tenancy agreements to sort this out?

I have to be slightly careful though, as I am looking to get housing benefit (secretly) as the agent and landlord want me out if I get it.
And it is exceptionally hard to get a place at short notice when receiving benefits.

Sorry, for the long winded nature of this post. Anyone who has any awareness of housing law please give me some advice.

maninthestreet

Is the letting agency a limited company?

Cpcompany

maninthestreet wrote: »

Is the letting agency a limited company?

no, its a room I found in Gumtree. I actually know very little about the agent and pretty much nothing about who owns the place (except for two names I found on the land registry)

Initially I thought the agent was the landlord. I only found out she was the agent when I wanted her contact details to get housing benefit.

I didn't find out until after I moved in that the place/tenancy agreement wasn't exactly above board, so I am trying to cover my and other tenants backs before I find a new place.

G_M

One of the issues is that on our contracts, there is no contact address for the agent or the landlord. From what I understand , this is not legal and should have been sent to all tenants.

Nearly true. You DO need to be given, in writing, an address for "the serving of notices" on the landlord. This can be the LL's address, or c/o his agent, or his mum. As long as there is AN address provided.

It does not have to be on the tenancy agreement/contract, though for practical reasons this is usually where it is. But if it is provided in writing seperately that is fine.

If you have NOT been given such an address, you do not need to pay rent until it IS provided (at which point unpaid rent becomes payable). See Landlord and Tenant Act 1987

As for the LL's actual address. If you put a request for his address in writing (letter - not text/email) to the person to whom you pay rent, they have 21 days to provide it. See Landlord & Tenant Act 1985 . It is a criminal offence if they fail to do so, though from what I've seen here and elsewhere it can be very hard to get a prosecution....

Cpcompany

G_M wrote: »

Nearly true. You DO need to be given, in writing, an address for "the serving of notices" on the landlord. This can be the LL's address, or c/o his agent, or his mum. As long as there is AN address provided.

It does not have to be on the tenancy agreement/contract, though for practical reasons this is usually where it is. But if it is provided in writing seperately that is fine.

If you have NOT been given such an address, you do not need to pay rent until it IS provided (at which point unpaid rent becomes payable). See Landlord and Tenant Act 1987

As for the LL's actual address. If you put a request for his address in writing (letter - not text/email) to the person to whom you pay rent, they have 21 days to provide it. See Landlord & Tenant Act 1985 . It is a criminal offence if they fail to do so, though from what I've seen here and elsewhere it can be very hard to get a prosecution....

Thanks for the reply.

This is one of the issues though. We don't have an address for the agent to write to, and she wouldn't give me any contact details when I informed her that I wanted it for housing benefit.

My tenancy agreement states- The agent and the manager of the property agree that the tenant may share the single room of the flat known as (my address)

Nothing on the contract mentions serving of notices and none of us within the house have been given the agent or landlords address separately.

I hope to get an interview with Citizens Advice tomorrow, but after calling them today they seemed to strongly hint that due to demand, I probably wont be seen !!

RAS

How do you contact the agent???

theartfullodger

Just to check I understand: You rent a single room in a property?? And whoever-it-is-who-claims-to-be-landlord does not live in the same building??

How do/did you pay rent/deposit.. I pray the answer is not "cash-with-no-receipt". If paying by cash in future pay be cheque & take a copy before handing it over.

G_M

Well. If you have no address provided in writing, stop paying the rent. You'll soon hear from th agnt or LL!

Point out you have not been given an address for the serving of notices, and as soon as you receive this you will, of course, pay the rent owed.

There. That's step one.

Once you have an address, write asking for the LL's address.

You have the leglislation above, so you can quote it if necessary.

As an aside, is this an HMO? Do each of the occupants of the property have a seperate tenancy agreement, or did you all sign the same one?

How many of you are there? How big (and on how many floors) is the property?

More on HMOs here.

As for the bailiffs - why do you expect the agent to sort this? Either you have legitimate debts, which are your responsibility, and which you should sort out (not the agent) OR the debts are not yours in which case bailiffs should not be chasing YOU!

Council tax.
1) as above, is this an HMO? If the answer is yes, the landlord is responsible for the council tax
2) if the unpaid CT is in a previous tenant's name, contact the council, give them the date you moved in, and make clear you are not responsible.

Cpcompany

Again, thanks for the replies.

Contact with the agent is by text message or email.

I know she lives really close to our building. Rent is paid by bank transfer into her account.

There are 5 of us renting and the LL doesnt live here. I honestly have no idea what kind of tenancy agreements the others signed. I am assuming they are almost identical.

Our flat is on the top of a 4 floor Housing Association block.

One of the girls in the flat used to have a place with the same agent. before Christamas she was given 5 days to move out into another place found by the agent.

Also I recently found out on of the tenants here was burgled 4 months ago. He hasn't received any insurance money from the agent despite constant contact.

So, as you you can imagine I am pretty keen do everything I can do to get myself covered with these charlatans masquerading as LLs.

Cpcompany

G_M wrote: »

Well. If you have no address provided in writing, stop paying the rent. You'll soon hear from th agnt or LL!

Point out you have not been given an address for the serving of notices, and as soon as you receive this you will, of course, pay the rent owed.

There. That's step one.

Once you have an address, write asking for the LL's address.

You have the leglislation above, so you can quote it if necessary.

As an aside, is this an HMO? Do each of the occupants of the property have a seperate tenancy agreement, or did you all sign the same one?

How many of you are there? How big (and on how many floors) is the property?

More on HMOs here.

As for the bailiffs - why do you expect the agent to sort this? Either you have legitimate debts, which are your responsibility, and which you should sort out (not the agent) OR the debts are not yours in which case bailiffs should not be chasing YOU!

Council tax.
1) as above, is this an HMO? If the answer is yes, the landlord is responsible for the council tax
2) if the unpaid CT is in a previous tenant's name, contact the council, give them the date you moved in, and make clear you are not responsible.

yes, it is in our contract that council tax is included in the rent.

As the council tax inspector informed us last Monday, the owners have not been paying council tax and that for whatever reason council tax is under the name of a past tenant who is long gone. That is why we are being threatened by bailiffs.
I gave him a copy of my tenancy agreement and the agents contact number so hopefully he will sort this out. We shall soon see.

The council tax officer basically had no idea who the owner of the place was.

G_M

Cpcompany wrote: »

Again, thanks for the replies.

Contact with the agent is by text message or email.

I know she lives really close to our building. Rent is paid by bank transfer into her account. so cancel your standing order!

There are 5 of us renting and the LL doesnt live here. I honestly have no idea what kind of tenancy agreements the others signed. I am assuming they are almost identical. The point is you have not all signed a single contract with all your names on it - you each have seperate contracts.

Our flat is on the top of a 4 floor Housing Association block.
So your 'flat' is on a single floor? The 4th floor? How many rooms?

One of the girls in the flat used to have a place with the same agent. before Christamas she was given 5 days to move out into another place found by the agent.No - she did not have tp move out. She agreed to.

Also I recently found out on of the tenants here was burgled 4 months ago. He hasn't received any insurance money from the agent despite constant contact. Why should the agent pay for this? If the tenant has an insurance policy, he should claim from the insurers. If he does not have insurance, he will be out of pocket!

So, as you you can imagine I am pretty keen do everything I can do to get myself covered with these charlatans masquerading as LLs.

See above.