landlady is being unreasonable

barnaby-bear

doll_83 wrote: »

what should we do? rent is due on the 18th we have to set up a standing order by the 16th.
We dont want to mess the LL around and havent so far we have been good tenants we have had continuous problems with flat since the day we moved in but we know that is not her responsibilty and have been fair towards her by paying the last month rent directly into her account.

what to do

The deposit is there to cover unpaid rent/damage.
If you haven't damaged anything then you aren't cheating her out of anything - no doubt by going with a shonky outfit she's saved money over the years.

I vote cancel.

pcwilkins

olly300 wrote: »

Fine in theory but not in law.

For these reasons:
1. Landlords have different contracts with agencies which means that some use to hold the deposit for the landlord while others gave the deposit to the landlord. The tenant doesn't not know this and cannot be expect to know this.

But if the agreement is between the tenant and the agent, then effectively the agent is the landlord. Tenant is renting from the agent who (presumably) are renting from owner of property and sub-letting to tenant.

If the agreement is between T and agent, then any deposits mentioned are payable from T to agent. Whether agent passes deposit on to actual owner of property is a different matter.

2. The majority of AST are written with terms that make it clear that the landlord has "agents" who act on their behalf. A letting agent is an "agent" of the landlord.

Yes, but in this case it appears that the AST is between the tenant and the agent. If so, the tenant's landlord is actually the agent.

By taking rent directly from the tenant the LL has proved she is the LL, is the agent was her agent rent should go via them, she can't take the rent without the responsibility for the contract.

I agree that owner of property should not have taken rent directly from tenant without making sure a proper AST was signed between owner and tenant. As things stand it appears that tenant is still under obligation to pay rent to agent but has no contract with owner and therefore should now have paid rent to her.

All this is assuming that tenancy agreement is between tenant and agent.

Peter

pcwilkins

doll_83 wrote: »

what should we do? rent is due on the 18th we have to set up a standing order by the 16th.
We dont want to mess the LL around and havent so far we have been good tenants we have had continuous problems with flat since the day we moved in but we know that is not her responsibilty and have been fair towards her by paying the last month rent directly into her account.

what to do

If your agreement is between you and the agent, don't pay the owner of the property anything more until she sets up a proper agreement between you and her.

What we really need to know is whether the owner of the property is mentioned on the agreement and if so, how. If you've covered this already then sorry but I can't see it anywhere...

Peter

doll_83

LL name or address is not on the contract. Agency X are pn there as the landlord

Guy_Montag

I vote for pcwilkins reply - it agrees with what I think.

I'd get in touch with agency X & ask for your deposit back since, I believe (because someone on t'internet told me), the deposit should be held in trust by the agent rather than it being a debt owed to you by the agent. So you should come before any creditors in getting your money back if they have gone bankrupt.

In the mean time, you are not obliged to pay the landlord rent until you have a name & address at which you can serve writs.

emily.2828

i would contact the landlords association and tenants association as they deal with this sort of thin all the time and landlords have to now register with them hope this helps.

olly300

[quote=Guy_Montag;5719681

In the mean time, you are not obliged to pay the landlord rent until you have a name & address at which you can serve writs.[/quote]

:rotfl::rotfl:

Unfortunately if the OP doesn't pay rent for two months the landlord can start eviction proceedings.

So they may as well give the agent notice as they don't know the details of their landlord to give notice to. And move out when the notice expires. Making sure they take photos and have witnesses to prove that they didn't leave the property in a state or damage anything.

As there is a guarantor if the OP has damaged the property they can be chased for the damage.

Guy_Montag

Section 48 Landlord and Tenant Act 1987 - requires that the tenant must be given an address in England where notices can be served on the landlord – the address does not have to be that of the landlord. Rent is not lawfully due until this is complied with.

http://www.landlordzone.co.uk/landlord's_address.htm


:cool:

doll_83

thank you all for your views and suggestion please keep them comming in. so far i am swaying against payment of the remaining rent as there is no other way of protecting myself from financial ruin of over £700 which as a student is worth thousands.
i will get onto to the new agency for the LL address

i will keep u guys informed
thanks again everyone

clutton_2

the law is very clear - even if the landlord employs an agent, the landlord, whether named on the AST or not, is still legally responsible. If the agent runs off with the rent or the deposit it is up to the landlord to sue the agent for recovery of these funds - the tenant should not be involved at all in a landlord/agent dispute. T

he law takes the view that if the landlord has employed a "sh*te" agent who absconds with funds, why should the tenant suffer - as a landlady i agree wholeheartedly with this.