"misrepresentation" tennancy agreement

devious1

lovely stuff..
the letting agent has conceded that there are 6 breaches on his part of the terms and conditions of the lease contract.

he has also, "misappropriated" my deposit (should of been paid into the tds within 30 days of us moving in.. (now 90 days into lease)
he can offer no explanation for the whereabouts of the funds..

he's been served with notice at the small claims court..

the mortgage company are not returning calls, letters or emails..
so we have no choice but to move into another property (this saturday)

the landlord has just had his pocket money taken from him, as im off on sarturday and he's getting no more rent from me... (he's not paying the mortgage anyway)

yes yes my contract is binding blah blah blah but he cant claim anything once the repossession has happened, hes 4 months behind on mortgage.. on benefits, his company (he's the director) is in liquidation.

the letting agent has conceded that he mislead me into the lease (he claims in good faith) acting on the lies the landlord gave him... but he could not defend the fact that he did not seek landlords insurance, mortgage company notification, or adhere to 4 other conditions in his contract.
confirmation from the landlord so my contract at least by the letting agents view was drafted on lies..

as for the landlord, he refuses to pay for repairs that have been present since we moved in 3 months ago.

i wonder why???

cos he's about to lose his house???

my solicitor is itching to get cracking with this should he want to commit financial suicide and leave himself open for criminal proceedings for "money laundering" (how many other tennants on long term leases havent had their money paid into schemes as required...? he went a bit pale when i asked him that...!!

sometime the law is an !!!... still new gaff on saturday - ill keep you posted about my "missing" deposit lol:T

devious1

franklee wrote: »

Yes that's the problem any newly moved in tenant does not know how far along any possession proceedings are. OTOH If a tenant asked to see recent proof of consent to let before taking the tenancy then they know all is in order at that point giving themselves the best chance of having a reasonable length of tenancy before the lender takes any action.

devious1 Have a read of these:

Shelter's page, Repossession by a Landlord's lender:
http://england.shelter.org.uk/get_advice/eviction/repossession_by_a_landlords_lender

Mortgage Repossessions (Protection of Tenants etc) Act 2010 Government guidance:
http://www.communities.gov.uk/publications/housing/mortgagerepossessionguidance

Also, particularly if you asked the agent about consent to let before taking the tenancy, you may have a claim against the agent. Useful if the landlord is broke. See here:

http://forums.moneysavingexpert.com/showpost.php?p=46767155&postcount=39

I hope you let us know how you get on as there hasn't been much feedback how the Mortgage Repossessions Act 2010 is working out for tenants.

massive thank you for your post these links were really helpfull :T