afraid landlord will take me to court

meggles88

pyueck wrote: »

You are not answering the questions so it is hard to help you.

If the new owners are overseas how about ignore them? Has anybody actually threatened to sue you. If you have an email from the agency which confirms the end of the tenancy (doesn't matter if it changed unless you were informed) I very much doubt a judge will award the landlord damages. If the landlord is not even in the uk do you really think they are going to take you to court, they have just bought a property and it is empty. Why would they sue a tenant that has left the property who was a tenant of the previous landlord. Agencies hate going to court, especially for damages as in this case as they are messy. My advice keep quiet and stop returning emails unless you actually get a court summons. Others may disagree with this but it's what I think.

Apologies pyueck i thought i had answered your questions i think i ended up answering them in the quote in my last posts! i havent had any emails from the letting agency threatening to sue me....yet. should i ask for the landlords details first before severing contact? Even if they do wish to take me to court at least i will have a chance to get some money together. I could even dispute at court. I have copies of all the letters and emails sent between the 2 parties.

pyueck

meggles88 wrote: »

Apologies pyueck i thought i had answered your questions i think i ended up answering them in the quote in my last posts! i havent had any emails from the letting agency threatening to sue me....yet. should i ask for the landlords details first before severing contact? Even if they do wish to take me to court at least i will have a chance to get some money together. I could even dispute at court. I have copies of all the letters and emails sent between the 2 parties.

Absolutely not! You will come over as a scared rabbit and somebody they think they can get money out of. My advice is just don't return their emails or calls. If by any chance (and I find it very hard to believe) they serve you a legal claim (actually from a court) then you can dispute it. If they don't just move on with your life and don't worry about it.

meggles88

Thank you pyueck for your helpful advice. Should it come to it i will dispute it at court now to sit back and watch the letting agent get mad

G_M

1) the address provided is the agent
2) you pay the agent
3) so clearly the agent acts for the LL
4) and you sent your notice to the agent - correctly
5) the agent responded "(we will) sort it out for me and to return the keys to them".
a) Providing this was their response I believe a court would interpret that as acceptance of your notice
b) but have you still got the email?
c) can you confirn the exact wording please?
6) so, the agent has legallyaccepted on behalf of the LL
7) the change in LL is irrlevant if the agent still acts for the new LL
8) so: does the agent still act for new LL?

a) rent is still being accepted by the agent
b) Question (please answer!): have you received, in writing, a letter from the new landlord either i) informing you he is the new landlord ii) instructing you to pay rent elsewhere &/or iii) giving you a new address "for the serving of notices"?

I suspect the answer to b) above is 'no' in which case the agent still acts.

See also Landlord & Tenant Act 1985

3 Duty to inform tenant of assignment of landlord’s interest.

(1)If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.

(2).......

(3)A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

(3A)The person who was the landlord under the tenancy immediately before the assignment (“the old landlord”) shall be liable to the tenant in respect of any breach of any covenant, condition or agreement under the tenancy occurring before the end of the relevant period in like manner as if the interest assigned were still vested in him; and where the new landlord is also liable to the tenant in respect of any such breach occurring within that period, he and the old landlord shall be jointly and severally liable in respect of it.

(3B)In subsection (3A) “the relevant period” means the period beginning with the date of the assignment and ending with the date when—

(a)notice in writing of the assignment, and of the new landlord’s name and address, is given to the tenant by the new landlord (whether in accordance with subsection (1) or not), or

(b)notice in writing of the assignment, and of the new landlord’s name and last-known address, is given to the tenant by the old landlord,

ruggedtoast

I don't understand this. How can you not know you have re-signed a new tenancy? If it has different tenants details on it then it doesnt apply to you surely.

meggles88

G_M this is the response i received from letting agency after ANOTHER email stating i hadnt heard a reply reference my notice:

> Hi Megan,
>
> The reason for this is because your flat has now been transferred to the new owners, we do not manage this one anymore.
>
> I am sorry if you have not heard from anyone but someone should of informed you about this.
>
> I still have you on my records as leaving on the 15th January 2015.
>
> Please return all keys to the post box in the main lobby at Oc. I will arrange for the check out to be done and the transfer of your deposit.
>
> Thanks and sorry again if this has been a bit of a mess

i had no contact from either the landlord or the letting agent regarding who was managing it. 3 months later the letting agent is still advertising the property and arranging viewings so i believe the STILL manage it.

I am no longer in this property (they are still chasing for the remaining rent on the contract despite accepting notice), i have never had correspondence from the new landlord or new owners of the building.

The letting agent held by deposit for the first month... i agreed to this now i am wondering if its to late to get it back.....

meggles88

I also had an email from Tenancy deposit scheme saying they had been informed that the tenancy had come to an end... surely if i am still in "fixed term" the tenacy deposit scheme should run until the end of the fixed term?

pyueck

meggles88 wrote: »

I also had an email from Tenancy deposit scheme saying they had been informed that the tenancy had come to an end... surely if i am still in "fixed term" the tenacy deposit scheme should run until the end of the fixed term?

Great, ask (in writing) for your deposit back from the landlord on the original contract. If they don't pay you back in 10 days dispute it with the tenancy deposit scheme.

If you have an email from the agent (and they are the agent on yoru contract) saying along the lines of 'return the key's and we will sort it out for you' then ignore any requests for further rent after you moved out.

meggles88

pyueck wrote: »

Great, ask (in writing) for your deposit back from the landlord on the original contract. If they don't pay you back in 10 days dispute it with the tenancy deposit scheme.

If you have an email from the agent (and they are the agent on yoru contract) saying along the lines of 'return the key's and we will sort it out for you' then ignore any requests for further rent after you moved out.

The landlord from my original contract was still being managed by the letting agency. Should i request it from the letting agent or the landlord who i originally had the contract with? The landlord has changed about 3 times in the oast 2 years and i believe the deposit was transferred to the new owner each time so not sure who to request it from?

Also will it matter that i gave them permission to keep it initially?

meggles88

I just checked my tenancy certificate online and it hasnt been amended to the new landlord? The letting agent is not mentioned on the certificate so I am guessing that i still need to send a letter to the landlord on my TDS scheme and not to the letting agency who were holding thr deposit? Or should i send them one aswell?