landlady is being unreasonable

Gold_Shogun

clutton wrote: »

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.

The 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.

Clutton is absolutely correct, and (speaking as yet another LL) I also wholeheartedly agree.

The ONLY way for the Landlord to "disown" her responsibilities in respect of YOUR deposit is if IF she were able to produce a Pre-Existing Lease or letting contract (for your premises) directly between herself & the "agent" which authorises the "agent" to sublet the premises as if they were the "Beneficial Owner" or "Primary Tenant" ... This seems VERY unlikely, as the "Agency" would NOT have "Transferred you" to a.n.other agency as they would consequently lose their own "Tenancy Rights", and your Landlady could NOT "claim direct payment" from you (NOR could she even evict you).

... In ANY other circumstances, your Landlady definitely remains Legally Liable ... & it is just "her bad luck & choice" for HER to employ an "Agent" who has ripped HER off.

Cheers
Bob

real1314

I agree with clutton too, the landlady should be taking court action against the agency for the rent and the deposit money. The deposit is not the tenants until the end of the tenancy. In the meantime it's held by the landlord or by an agent appointed by the landlord, hence, as the agent is appointed by the landlord, they have to bear the responsibility of the agents failings.

I'd suggest that you need to:

1. Ask the landlord for a serviceable address. Until you have this, you should not pay any rent as no lawful agreement can exist without it. The landlord cannot evict in these circumstances, you'd actually have the status of squatters, which would cause the LL more problems. It's best if they just give you an address. If they do, just pay your rent as normal.

2. Tell the LL that you will be holding them responsible for the deposit, as it was thir responsibility to ensure that the Agent was reliable. Tell them that if they attempt to evade this responsibility, you will be taking action against them, not the Agent. You can't really do anything about this until you end the tenancy.

hth

CB1979_2

can't help but I wouldn't be surprised if this LL is the actual LA or something to do with them or bluffing you off!

who the hell goes 5 months without receiving rent and doesn't question it?

i'd be on the phone to my LA the next day if rent wasn't received, and then if not received after 2 weeks I'd contact the tenants myself.

doll_83

i have the letter ready and waiting to be sent on monday morning via recorded delivery.
wish me luck

Will they write to my guarantor (father) if i dont pay? his getting on a bit and has enough problems as it is at the moment and i dont want him worrying or getting sent letters from lawyers or sumthing?

doll_83

hey all
i would like to know if anyone out there has been to the citizens advice bureau and was wondering if you have any tips as i have an appointment on wednesday. My partner has booked the day off and i wanna make sure we get everything we need. also someone else point of view would be great as we are both stressed out with the same thoughts so cant really think outside the box at the moment.
my main worry is about my gurantor (father)
What happens to him?

Loretta

I think that you need to step back from this and not get involved in your Landlord's problem, because it is her problem and I think that she is getting in a state about it.

You have been paying your rent as instructed, you have been doing what you are supposed to do and that is all that is expected of you.

She clearly has a problem with the LA SHE chose. If HER LA has not passed on your rent, I hope you have receipts or a bank statement to prove that you paid and to whom, to her for 5 months, perhaps she should have noticed before 5 months had gone by but that is up to her. Your deposit was paid to HER LA on her behalf.

Although you have a contact phone number and bank details of your Landlord you are entitled to a contact address for her. I would not get into any further discussions with her about HER problems, she is probably in a state about it all and yelling at everyone at the moment. Phone and ask her for her address, is she refuses tell her that under whatever act covers it, it is often mentioned on this board, you are entitled to know. Either pay your rent into her account as requested, obviously keeping proof, or into a seperate savings account until this is sorted out AND DON'T TOUCH IT! I am sure that when the new LA gets going they will contact you as they should giving you details about what happens from now on and where your rent is to be paid

I would not mention your deposit at the moment, hopefully in the next few days she will get some proper legal advice about HER situation and she will learn that whatever trouble she has with the LA it is nothing to do with you and asking you to pay towards court costs for HER action against HER LA is just ridiculous. When the time comes when you want to move and the deposit becomes an issue you are not interested about her problems, whether or not she actually has received your deposit back from her LA, your landlord has your deposit (whether she actually has or not if that makes sense) and she will have to return it to you in the normal way. You ask for it and expect to get it back, whatever trouble she may be still having is not your problem and you just pursue the matter in the County Court. Probably by then she will have sorted herself out.


I know I keep saying it but I do hate this silly amateur landlords who think it is everyone's fault but there own!

Loretta

The deposit is due to be returned yet as they are still living there

fistfullofdollars wrote: »

I think there is some great advice in this thread, but if I was in your situation I'd contact a solicitor. I'd also look for somewhere new to live.

The LL is responsible for the return for your deposit so start a claim against her. She will no doubt be claiming the deposit back from the LA via the courts.

olly300

doll_83 wrote: »

hey all
i would like to know if anyone out there has been to the citizens advice bureau and was wondering if you have any tips as i have an appointment on wednesday. My partner has booked the day off and i wanna make sure we get everything we need. also someone else point of view would be great as we are both stressed out with the same thoughts so cant really think outside the box at the moment.
my main worry is about my gurantor (father)
What happens to him?

If the LL actually went to a solicitor this mess would be sorted out as she would be told what she should do i.e. give you an address.

Just tell CAB what the landlady has done, what you have found out and ask whether this is correct i.e. you are not obliged to pay rent until you have an address for her.

Your main concern at the moment is getting the address of the landlord so you can pay rent.

If your landlord hassles any of you including your father for rent while you have no address for her report it to the police as harassment. You need to tell your father that if a strange woman contacts him by phone about your rent he is to tell her to talk to you and to put the phone down on her even if he cuts her off mid-flow. Then he must contact you immediately whatever time of day it is.

tunesurfer

If you still like the property keep it simple pay whoever the landlady says keeping reciepts of all transactions and plod on until you want to move - then stop payments in the last few months to cover your bond ect.

doll_83

jus an update its been over a week since i posted the letter to my LA asking nicely for the LL address. wanted to ask anyone out there who has had to do the same how long did it take untill the EA replied? im guessing ill get a reply on the last day