what now 21days no responce http://forums.moneysavingexpert.com/images/smilies/confus

doll_83

Hi all
If u guys remeber me i had a thread called ladylady being unreasonable a month ago.which ive pasted at the end for anyone who can be asked to read it as it goes on quite a bit
Was locking to do a claim agains LL who is saying she is not responsible for the return of my deposit.
I got great advice and sent out a letter via recorded delivery to the EA asking for the landladys address today is day 21 i have had no response and would like to know what my rights are. what should be the next move really as my tenancy expires September 23rd.

Thank you for your time

boring bit below

Hello all!

please bare in mind this is my very 1st thread.

My partner and I moved into a flat through agency X in september 2006 and signed a 12 month contract also we provided gurantors, for me it is my father as i am a student for my partner also a student who also works full time his fathers annual earnings were not sufficient for him to be used as a guarantor so Agency X asked an extra months rent from him which they verbally agreed would contribute towards the last months rent for which we have a reciept.

In June we recieved a letter from Agency X saying they no longer manage the flat and had enclosed the mobile number and bank details of the LL so we can set up payment with her.
My partner rang Agency X to confirm the letter was correct and ask for the LL name. During the conversations Agency X said they will be closing down and setting up with a new name. My partner queried about our deposit and was told it is transfered over to the landlady.
My partner then rang the LL to check the situation is correct. During the conversation we were told that Agency X had not been paying the LL the rent and she had not recieved rent since January. She explained that she will be claiming against Agency X. My partner asked about our deposit.
The LL responce was that she will contact Agency X to give her our deposit and get back to us.
The LL mentioned that she is putting the flat with a new agency (Y) who will be in contact with us.
she was pleasant and had been 'done over' my partner and I felt bad for her and agreed to pay the rent for that month directly into her account as it was due and she was also going on holiday in a few days.

After 3days we recieved a handwritten letter from the LL as she had lost our number. the letter said;

Dear T and Miss B

Sorry i have mislaid yur mobile number, please call me again and leave a message with your number.......
Agency Y will be in contact with you, if you want to call them sooner speak to J on 0000000.
I have phoned Agency X and they say that the Money/deposit is to be transfered to me, but i have no dates for this ior the money owed to me. You may have to go to small claims preocedure as I am at present.
I will keep you informed with any news as i get it thats why i need your number again.
Thanks
Rgards
LL

My partner sent the LL a text message so that she has our number.
A few days later he recieved a reply from the LL saying she is back and sorry she has not been in contact and that Agency Y is good all the best.

A week later on a late sunday evening she called and spoke to my partner asking for £60 towards the cost of a claim for deposit back from Agency X.
My partner said if he paid for the claim there is no guranteed of getting the money back therefore more loss of our money. Her reply was that if we want our deposit back we would have to claim it off Agency X. My partner told her that Agency X will say they haver transfered the deposit to the LL so we will have to claim the deposit from her (LL)
The LL started to get angry and raise her voice saying if we had in writting the fact that the deposit had been trandfered to her.
My partner asked her to explain why we had to pay for the claim as it is her responsibility to which she got angry and said i dont have to explain myself and that she is very disappointed and is ending the converdation them hung up.
We have not had contact since which is almost 2 weeks now.

My partner and I would like to know what options we have.
Can we withold rent untill she (LL) claims she is responsible for the return of our deposit in writing?
Does the contract still stand?
Can we use the deposit to cover the remaining rent?
Can we leave?
we have no details of the LL except a mobile number so if we pay the remaining rent and leave there is no way of getting hold of her for our deposit back.
we have not sighned anything with the new Agency.
Will she sue my guarantor for my rent?
please advise

thank you for taking the time to read my thread

lynzpower

A week later on a late sunday evening she called and spoke to my partner asking for £60 towards the cost of a claim for deposit back from Agency X. (no no no, this is a business cost for her. she needs to pay it herself or claim it from her insurer if applicable, under no circumstances is it your responsibility to pay this)
My partner said if he paid for the claim there is no guranteed of getting the money back therefore more loss of our money. Her reply was that if we want our deposit back we would have to claim it off Agency X. My partner told her that Agency X will say they haver transfered the deposit to the LL so we will have to claim the deposit from her (LL) ( correct, the LL ashoud have the money, if she doesnt have it she needs to claim via court, not your problem )
The LL started to get angry and raise her voice saying if we had in writting the fact that the deposit had been trandfered to her.
My partner asked her to explain why we had to pay for the claim as it is her responsibility to which she got angry and said i dont have to explain myself ( ie she knows shes wrong) and that she is very disappointed and is ending the converdation them hung up.
We have not had contact since which is almost 2 weeks now.

My partner and I would like to know what options we have.
Can we withold rent untill she (LL) claims she is responsible for the return of our deposit in writing? ( nope youi are still living there, that deposit should not be returned to you till you check out and the proeprty is in the order that you took it on in, you are not due it back till you hand the keys back)
Does the contract still stand? ( should be, yes)
Can we use the deposit to cover the remaining rent? (no you should, never do that you are breaking the terms of most leases)
Can we leave? ( hadn in your notice as per your contract, whast sort of tenancy agreement are you on)
we have no details of the LL except a mobile number so if we pay the remaining rent and leave there is no way of getting hold of her for our deposit back. ( by law she has to provide this info to you, ask her for it- the new agency should be having it)
we have not sighned anything with the new Agency. (i dont know the answer to this)
Will she sue my guarantor for my rent? ( possibly, if you withhold rent, or break your contract, thats why its important to play by the rules)
ease advise

thank you for taking the time to read my thread

hope thats helpful - jsut my first thoughts
Lynz
x

doll_83

Thanks Lynz i know i not to do anything to break the contract so have payed this months rent on time. i have not had a response to my letter asking for the LL address so i can put a claim in after i move out. i have been told i am legally intitled to that information from a several people who replied to my 1st thread which is on page 26 if u want to have a read i must warn u its 3pages long.(bore factor 9/10)

Guy_Montag wrote: »

I vote for pcwilkins reply - it agrees with what I think.
In the mean time, you are not obliged to pay the landlord rent until you have a name & address at which you can serve writs.

olly300 wrote: »

Section 47 of the Landlord and Tenant Act 1987 states that the landlord must include their name and address on any demands for rent. http://www.lettings-landlords.co.uk/info/sec_47_48.html

So unfortunately doll_83 you cannot pay the rent until this is clarified.
.

real1314 wrote: »

I'd suggest that you need to:

1. Ask the landlord for a serviceable address. Until you have this, you should not pay any rent as no lawful agreement can exist without it. The landlord cannot evict in these circumstances, you'd actually have the status of squatters, which would cause the LL more problems. It's best if they just give you an address. If they do, just pay your rent as normal.

2. Tell the LL that you will be holding them responsible for the deposit, as it was thir responsibility to ensure that the Agent was reliable. Tell them that if they attempt to evade this responsibility, you will be taking action against them, not the Agent. You can't really do anything about this until you end the tenancy.

hth

must-resist-ebay

you can get the landlords details from the land registry if the property is registered. Go to their website and download the title to the property - will cost £3, in the propriertorship register (the middle section of the title) is the owners name and address for service, as she is renting it is very unlikely she will have the property address as her address for service.

doll_83

Do i need to send another letter to EA sayin i am no longer paying rent on the flat as i haven't had a response to my letter.
Has the contract now been breached?

in need of advice

olly300

Your contract hasn't been breached by the EA what has been breached is the law. Therefore don't write anything to the EA until you have got further legal help.

You because you are a student were advised on the previous thread to go to a Law Centre and get them to write a letters if the EA didn't pay ball. Also if you go to the Law Centre they will advise you whether it's a good idea to pay the last month's rent due to not being able to get your LL address.

A list of local law centres can be found here:
http://www.lawcentres.org.uk/lawcentres/

The reason to use a Law Centre rather than Citizen's Advice, Shelter or your student union was due to the fact that Law Centres are staffed by volunteers who including practising lawyers.

It may take time and effort to go to a Law Centre but it's better having someone who is a practising legal professional who knows how to deal with housing problems to tell you what you can get away with as this will put your mind at rest particularly if any of the people have the potential to harass members of your family.

doll_83

God some of those lawcentres are really useless they either dont cover my area, no longer take appointment or dont answer the phone