Change of owners

Kazzaroo

Previous threads:

https://forums.moneysavingexpert.com/discussion/4735176

https://forums.moneysavingexpert.com/discussion/comment/63365570#Comment_63365570

(Sorry if i shouldnt have started a new thread but thought someone may be able to help without needing all the back history)

House sold at auction on 12th September (I attended and spoke with new owners), Recieved letter from new buyers solicitors dated 3rd October informing change of ownership,i know new owner is bound to our current TA until end of period but i have a few questions:

1. Is the new owner bound legally to use the LA until end of tenancy ? (when i spoke to them after auction they said they were going to manage it themselves)

2. What happens to the deposit paid to LA ? (maybe null question depending on answer to Q1)

3.The letter from solicitor ask's for all rent to paid to new landlord but doesnt give any details,Rent (HB) is paid to my on last wednesday so do i just keep it safe until im notified of new bank details?.

4. When do i notify HB of new LL ? (if i notify them now without all the details will HB still continue ?)

thats all i can think of at the moment,Thanks in advance

G_M

Oh dear!

already ANSWERED ON YOUR OTHER THREAD!

https://forums.moneysavingexpert.com/discussion/4735176

Kazzaroo

G_M wrote: »

Oh dear!

already ANSWERED ON YOUR OTHER THREAD!

https://forums.moneysavingexpert.com/discussion/4735176

i did put in brackets the reason why i did a new thread

Kazzaroo

We now have another problem...... recieved a text from LA (old LL's LA) saying "I am going to unprotect your deposit and return it to you as the scheme doesnt allow me to transfer it to the new landlord,i will deduct the balance of your payment plan off first"

the payment plan LA gave us (when handing over the keys) is (word for word on letter):

Move out fee (returned at end of tenancy) - £100
Deposit protection fee - £60
Agency fee - £150

They wanted us to pay £62 per month towards the payment plan,we have paid on time however i feel its grossly unfair that we are being penalised just because the new LL dont want to use the LA,

I have spoken with the DPS they used and they have said the LA still has the deposit in a seperate bank account (they used an insurance based one i believe) and that until the tenancy ends (which they told me only the LA can do) i cannot raise a dispute with them.

my biggest questions are :

can the LA do what they are planning and deduct whatever they feel they are owed ?
what are my options for disputing the amount the LA is planning on deducting from the deposit?

We are on a low income and are pushed to the limit financially as it is so are not in a position to be able to afford to "lose" any of the deposit as we will need to pay the new LL the deposit again.

any help would be greatly appreciated

ValHaller

Can you explain the moveout fee?

You are not moving out, so there is no deduction to be made, I think, but you need to explain this more fully.

As for the Deposit protection fee, you should absolutely refuse to pay this again if a further charge results from the change of Landlord.

As for the balance of the £150 agency fee, well, I think that this should not be deducted from the returneddeposit - you should be continuing to pay this to the agent despite change of Landlord.

Overall, as far as you are concerned, there is no new contract when the Landlord changes - he merely takes over the contract as it stands.

More info from you and we can begin to work out what you need to do.

G_M

Dear Mr LA,

If the new landlord is happy for the deposit to be returned, then by all means return it tome, in full.

As for the Payment Plan, that is an unrelated matter and should remain unaltered.

Yours sincerely,

A Tenant.

(send to both LLs as well).

Kazzaroo

ValHaller wrote: »

Can you explain the moveout fee?

I quoted from the letter - thats as much information as i have, it simply says "move out fee (refunded at end of tenancy)" - i am assuming its a "fee" for them to come and do the checkout inventory that IF you agree with them on the checkout you get back

ValHaller wrote: »

As for the balance of the £150 agency fee, well, I think that this should not be deducted from the returned deposit - you should be continuing to pay this to the agent despite change of Landlord.

Exactly my thoughts,as far as i was concerned the agreement was for 5 months (5 x £62) to cover the £310 fees we hadnt paid before moving in and so felt it severely unfair that i was expected to foot the bill (the remaining balance) for a new owner buying the property

ValHaller wrote: »

Overall, as far as you are concerned, there is no new contract when the Landlord changes - he merely takes over the contract as it stands.

Does the tenancy stay the exact same even though all the contact details have changed or do we sign a new tenancy agreement ? if we do sign another one can we enforce that certain terms are carried over (right to decorate etc) ?

thanks for your help so far

Kazzaroo

G_M wrote: »

Dear Mr LA,

If the new landlord is happy for the deposit to be returned, then by all means return it tome, in full.

As for the Payment Plan, that is an unrelated matter and should remain unaltered.

Yours sincerely,

A Tenant.

(send to both LLs as well).

Thanks will do that,what do we do in the mean time if a cheque arrives for less than the deposit amount ?, send it back with a similar letter as above ?

anselld

Kazzaroo wrote: »

We now have another problem......

Arrrgh! Why have you posted the same set of new questions on the end of three (or more?) old threads.

Kazzaroo

anselld wrote: »

Arrrgh! Why have you posted the same set of new questions on the end of three (or more?) old threads.

i only posted in this one.....my partner might have posted it in a different one

anselld

Kazzaroo wrote: »

i only posted in this one.....my partner might have posted it in a different one

Well there is this thread. (9:28am)

this one... (9:29 am)
https://forums.moneysavingexpert.com/discussion/4767211

... and this one ... (9:30 am)
https://forums.moneysavingexpert.com/discussion/4735176

... all your username. Please don't do it; it is very confusing.