Sweet Property Services have stolen Landlords Rent

G_Man2015

Hi, I'm a landlord in need of some desperate advise please - I rented my property through Sweet Property Services in Rochester Kent, and have had no rent since July 2014.

I have written to the Property Ombudsman and started legal proceedings but the owner Richard Sweet seems to have closed down the business, phone lines and email. He has basically stolen from me and many other landlords, and tenants deposits too.

What can we do to get our money back? Has anyone experienced anything similar?

I'm owed over 4k and not sure what legal action via small claims court will do if he has vanished or declared himself bankrupt?

All advise - is appreciated. Many Thanks in advance.

anselld

Unfortunately you are still responsible for returning the tenants' deposits.
The first priority must be to ensure all rents are paid to you directly from now on. (Not sure why the situation has gone on so long and built up to such an amount).

The rest is as you have already started, i.e. legal proceedings against the Company and/or the individual if appropriate.

chanz4

Is he an Ltd?

eddddy

G_Man2015 wrote: »

...
What can we do to get our money back? Has anyone experienced anything similar?

I'm owed over 4k and not sure what legal action via small claims court will do if he has vanished or declared himself bankrupt?

So you need to double check who your contract is with, and therefore who owes you money - i.e. is it Richard Sweet or a limited company trading as Sweet Property Services etc.

Then you can make a claim via the small claims court. See: https://www.gov.uk/make-court-claim-for-money/overview

But that will cost you around £200.

You may well win the claim - but if he/the company has no money to pay you (or is going bankrupt), it won't really get you anywhere.

Maybe you could do some amateur detective work, to see if he seems to have a house and/or other assets.

patman99

Even if he set up as a 'Ltd', I believe that you can name him as co-defendant.
I have seen that done on one of those bailiff programs on the TV. They were collecting a debt on behalf of a creditor and the voiceover man mentioned that the debt was owed by a Limited company, but that had been closed-down, but as the creditor also named the director as co-defendant, they still were able to enforce the warrant.

G_Man2015

Thank you for all the advice so far everyone. It's very much appreciated.

The tenant is paying me directly and has been since Jan 2015. The missing rent has been a case of so many broken promises to pay, chasing up tenants, new system, owner not available to authorise payments etc.

The owner even gave me three cheques which all bounced too. he has now vanished and closed down the business, email and phone no longer active,

The contract is with the company it's Sweet Property Services although in the contract they refer to themselves as Sweet Properties Limited.

If he has declared himself bankrupt or has gone missing then will the legal route be of any use? It just seems as if there is not much I can do, unless he starts up another business and we find him.

bizzybee

Looks like the company is trading under co. no. 09279895 - Mysweetproperty Limited. They seemed to have changed their registered address on Thursday!

G_Man2015

Thanks Bizzybee,

Is that on Company's House? Could you provide me with their new address please?

Is there any chance way to find out who is the owner/director. i will use the new co. no, in my claim.

eddddy

If your contract is with Sweet Properties Ltd (https://www.companiesintheuk.co.uk/ltd/sweet-properties ) then that's who who have to claim from.

You can't claim from any other company, such as Mysweetproperty Ltd, or any other company that Richard Sweet sets up in the future.

Interestingly, if you follow the link above, it seems that Richard Sweet isn't a director of Sweet Properties Ltd.

If Sweet Properties Ltd has gone bust (with no assets), unfortunately there is no way of getting your money.

bizzybee

If you look at Companies House you will find that Sweet Property Services and Sweet Property Investments were both struck off in 2009.

You will be able to get basic details on these and Mysweetproperty for free but you may have to pay £1 for the new registered address.

Basic details will be the officers of the companies and should include their addresses.

G_Man2015

I have another letter from them where their trading name is Sweet Lettings Limited and the company number is: 61558128.

This was changed (as pointed out by Bizzybee) on Thursday 10th April 2015 to MYSWEETPROPERTY LIMITED and the company number is now: 09279895. However the address is exactly the same.

Richard Sweet is the director and linked to both

Seems unjust if I cannot get my money back if he steals my money and then simply changes the company name. Seems to easy a crime for him to get away with - surely this loophole can't be that easy.