Managing agents have gone out of business - where's my deposit?!

lynzpower

clutton wrote: »

Lynz gives excellent advice, and i just disagree with a couple of things. My opinion re the deposit is that legally the landlord is fully responsible for its return to you - (whether the letting agent still has it or not) - a tenant cannot be legally responsible for a landlords poor choice of agent, as ultimately the LL is responsible in law for compliance with the law. Re the tenancy, my view is that as long as rent continues to be paid i suspect that a judge would view it as an ongoing tenancy.

Absolutely correct, there Clutton in respect of the deposit. It should definately be refunded to OP whether the LL gets it back from the OR or not.

Whats your feeling about the rent being payable to the overseas account tho on the void tenancy? If the OP has the intention to pay once the tenancy is legally resumed with a new LA?

mightymouse

lynzpower wrote: »

you are wrong. the lease is void under UK law, please see above for my explaination as to why this is the case.

Hi

I might be but I might not be............


http://www.hmrc.gov.uk/cnr/tenants_guide_to_the_nrl_scheme.pdf

lynzpower

thats from a tax perpective tho MM, which is fair enough, and something to consider.

However, from a housing law POV the tenancy remains void under UK law as there is no manager in the uk at this time.

Therefore, and mightymouse makes a good point, that if you DO pay directly into the LLs account , you need to follow the IR factsheet provided above.

mightymouse

Hi

Thanks lynzpower, from the op point of view not the landlord the true position of the landlord is just guesswork and op continues to be a periodic tenant paying rent.

or

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.

this is @ 2006
A bit of time is required to allow both landlord and tenant to adjust to the new situation.

clutton_2

there is some weird rule that says if the landlord is resident overseas, then the tenant is responsible for deducting tax and passing it onto the Revenue !! - as if !!!! i would phone IR and ask them - they are usually very helpful. I dont know if Eire is classified as overseas by IR - an interesting and complex issue !

lynzpower

clutton wrote: »

there is some weird rule that says if the landlord is resident overseas, then the tenant is responsible for deducting tax and passing it onto the Revenue !! - as if !!!! i would phone IR and ask them - they are usually very helpful. I dont know if Eire is classified as overseas by IR - an interesting and complex issue !

IT IS certainly an interesting point.

I would be interested in the clash there between a) satisfying the Inland revenue and b) not paying enough rent. In witholding the amount of tax ( whatever the figure is presumably given by the IR to the tenant) i expect there would be a clash- as the tenant wouldnt be fulfilling thier ast by paying less than the agreed amount as per the contract IYSWIM

my understanding is that LEGALLY the tenant is contracted to pay the agreed amount of rent - even regardless of whether the property is fit for human habitation, whether the tenant is living there or not, or whatever. of course the LL can make concessions and agreements ( ie dont pay the rent this month, youve hd no hot water) but if the LL wants to enfirce it they can.

Clutton, am I correct on that point, or have times changed since I was told this back in 01. ??

clutton_2

lynz - i think that the tenant must pay the rent as long as the landlord complies with his/her landlords terms and conditions as in the contract. its a moot point about habitability - as landlords have "duty of care" to provide safe environment to tenants. If it was me, i might consider writing and saying that until such time as the tenancy matter is cleared up, that i would be paying the rent into a special savings account, ready for when the landlord/agent produces a legal AST. There is nothing like "no income" for focussing a landlords mind !!!

But, i'd actually be looking for somewhere else to live also ..... peace of mind is much more important.

lynzpower

clutton wrote: »

lynz - i think that the tenant must pay the rent as long as the landlord complies with his/her landlords terms and conditions as in the contract. its a moot point about habitability - as landlords have "duty of care" to provide safe environment to tenants. If it was me, i might consider writing and saying that until such time as the tenancy matter is cleared up, that i would be paying the rent into a special savings account, ready for when the landlord/agent produces a legal AST. There is nothing like "no income" for focussing a landlords mind !!!

But, i'd actually be looking for somewhere else to live also ..... peace of mind is much more important.

thanks for this. We were badly advised then I fear, ( sorry to Surana for going off topic- hope I dont confuse matters!) as we were advised we had to pay the rent till end of term, regardless that the property was unfit and the LL was being prosecuted by EHO. In the meanwhile tho the LL was told by EHO to put us up in a hotel, which he chose to ignore, and in the end we managed to "agree" dissolving the TA. this was back in 01 and I can only hope that shyster is behind bars, his lack of care was dangerous to say the least, real slumlord.