deposit not covered by scheme at beginning of tenancy...

silvercar

twistoffate2015 wrote: »

No company A did not go into administration...It WAS an administration company as previous owners went bust. Hope that clarifys? I am wondering whether under legal terms the letting agent who is the managing agent for the property is also liable as the act on behalf of the landlord?

Letting agent acts on behalf of the landlord, you have no contractual arrangement with the letting agent - only the landlord does.

So any omission/ breach by the letting agent may be a breach of the letting agents contractual arrangement with the landlord and the landlord could take action possibly, but not you.

jjlandlord

twistoffate2015 wrote: »

No company A did not go into administration...It WAS an administration company as previous owners went bust. Hope that clarifys? I am wondering whether under legal terms the letting agent who is the managing agent for the property is also liable as the act on behalf of the landlord?

You are unclear and it's not even clear what you are after.

If you want to put pressure on your current landlord (Company you still can because they became the landlord for your second tenancy (SPT after first fixed term tenancy), for which the deposit had not been correctly protected.

Good luck.

twistoffate2015

So cut the managing agent out in all respects and go for the land lord.

Come to think about it i dont even remember if company A sent me a copy of tenancy agreement... i will raise this with them also... i dont suppose they HAVE to provide a copy of the original tenacy agreement? I am quite good at holding on to paperwork and cannot find a copy....

silvercar

twistoffate2015 wrote: »

So cut the managing agent out in all respects and go for the land lord.

Come to think about it i dont even remember if company A sent me a copy of tenancy agreement... i will raise this with them also... i dont suppose they HAVE to provide a copy of the original tenacy agreement? I am quite good at holding on to paperwork and cannot find a copy....

I think you are now moving into clutching at straws territory. You will find it impossible to prove that you never had a copy of the tenancy agreement.

G_M

and there is no legal requirement for a LL to provide a tenancy agreement. Indeed, a written agreement is not required at all. It can be verbal.

twistoffate2015

silvercar wrote: »

I think you are now moving into clutching at straws territory. You will find it impossible to prove that you never had a copy of the tenancy agreement.

Just trying to see where i stand in requesting a copy. No harm in asking! Likewise i guess they wont be able to prove they sent me a copy either.

thanks for all your help ill let you know how it goes

silvercar

twistoffate2015 wrote: »

Just trying to see where i stand in requesting a copy. No harm in asking! Likewise i guess they wont be able to prove they sent me a copy either.

thanks for all your help ill let you know how it goes

They may have proof of posting or a signature from you confirming that you were given a copy. I don't see it as a material fact.

Concentrate on the main issue s:

1. Return of deposit

2. Non protection of deposit by company A.

Differing opinions on here as regards the liability of company B, so don't know how easy you will find it to intertwine those 2 issues. Including other issues like whether you were given a copy of the tenancy agreement is not going to be helpful IMHO.

nad1611

twistoffate2015 wrote: »

So cut the managing agent out in all respects and go for the land lord.

Yes always the Landlord, even if the Agents are acting on behalf of the Landlord.

jjlandlord

Agent may be on the hook as well if deposit was paid to them, though.

twistoffate2015

Yes i did pay my deposit to the letting agency... i believe they hold the deposit as they initially stated that they woukd return it to me...

i think maybe seeking advice from a legal specialist may be in order