Renting when landlord is bankrupt

Bubbly85

Hello, I am in need of some urgent advice around my situation.

Approx a week ago, the private landlord advertised this flat on openrent. This flat is leasehold. I viewed, was satisfied and paid half of the deposit upfront (using online banking and his debit card with his full name on it - lets call this NAME 1). He sent me an email with a receipt for this funds and an attached tenancy agreement, for me to sign and handover to him on move in day. Move in day is in a weeks time.

Skimming over the tenancy agreement I noted a different name was given as the landlord name (not the same name I transferred my deposit too) - lets call this NAME 2. Also, the landlord address started off with C/O. So I googled this address and NAME 1, and discovered that NAME 1 and this address was made bankrupt in September of this year!!

What does this all mean? Does this man have two different names/IDs? Or is NAME 2 the official receiver? Should I go ahead with renting from him?

Please help! Thank you.
Bubs x

DTDfanBoy

£3 will allow you to have a look at the title, that's the first thing I'd be doing

dancingfairy

Firstly download the land registry details as stated above and see who actually owns the property.
Person 1 could be trying to act as agent for person 2, person 1 might be subletting it to you and hasn't changed the tenancy agreement. Who knows.
What were the terms of the deposit you gave? I suspect it is non-returnable but you could always say you've changed your mind/had a change of circumstances and can't take the property anymore and see if you can get your money back.
As things don't seem great on paper I would probably be inclined not to move in if possible but obviously it depends on your circumstances.
df

Bubbly85

Ok. I am a complete novice to this. Do I check/pay for the tenure leasehold (Price Paid/Value Stated Data: Yes) or tenure freehold (Price Paid/Value Stated Data: No) for the flat? As both come up on the land registry website. Thank you.

Bubbly85

dancingfairy wrote: »

Firstly download the land registry details as stated above and see who actually owns the property.
Person 1 could be trying to act as agent for person 2, person 1 might be subletting it to you and hasn't changed the tenancy agreement. Who knows.
What were the terms of the deposit you gave? I suspect it is non-returnable but you could always say you've changed your mind/had a change of circumstances and can't take the property anymore and see if you can get your money back.
As things don't seem great on paper I would probably be inclined not to move in if possible but obviously it depends on your circumstances.
df

The registered owner is NAME 2 (same name as on the tenancy agreement), but this person's address is in Kenya (whereas the address on the tenancy agreement is the bankrupt one). Feeling confused, please advise???

G_M

If you had gone through a letting agent, the agency would take your deposit and rent, they would give you the tenancy agreement to sign, and, in due course, the keys.

But a different name would be on the tenancy agreement as they are not the landlord.

The scenario you describe is exactly the same. The landlord is in Kenya, so he uses a UK agent (his friend) to manage the property.

By law, the landlord has to give you an address in Engalnd or Wales for the serving of notices. If the LL is abroad, he normally gives the address of...... his agent in England.

That just leaves the bankrupcy issue. Being a bankrupt does not disbar someone from acting as agent for a landlord. Provided you get the keys, and exclusive use of the poperty in return for your rent, as per the tenancy agreement, that's fine.

The only issue might be if this is a scam ie the 'agent' (NAME 1) actually has no authority to let the flat and/or act on behalf of the landlord.

One hears cases from time to time of tenants (or ex-tenants) pretending to be LLs, advertising the property they live in, taking a deposit + upfront rent, then vanishing.

Or even someone with no relationship to the landlord/property identifying an empty property and then letting it.

You might wish to query further the relationship between persons 1 & 2.

Bubbly85

Thanks everyone for your replies. I feel more settled with this and understand what's going on.