Unprotected Deposit (and the rest)

Doozergirl

I'm trying to get my head around what I need to do here. It's a bit complicated.

Studio Flat rented from an agent in October last year for my husband and my cousin to stay in while working in London. The agreement is in cousin's name although my H signed the agreement in his name and every penny of rent has come from our joint account.

The agent was named as the Landlord and the Landlord Agent on the tenancy agreement.

"We" were not provided with a copy of the TA or any details of deposit protection. I was provided with a copy earlier in the week after asking. We were also informed in the same email that the company was changing and that rent has to be paid to 'new company name' operating from the same address.

On Wednesday I gave notice to leave at end of July (6 weeks), along with a note in bold asking for details of the TDS. I have checked all three and it is not registered. They replied to acknowledge the notice period, but no reply re: TDS. Asked again yesterday, no reply as yet.

I have just started editing one of the Shelter 'Notice before Action' templates.

My questions are:
Can I pursue this in my own name as a tenant or H's name given that we have paper trail showing we paid all the rent and deposit and the agreement was signed by my husband? I can do this in cousin's name but it's going to be me doing the work, so it would be easier for me.

Who is the LL? Am I now chasing the original agent or the new one?!


Then I need to do something about reporting them to other relevant authorities, if anyone has any further advice on this:
Friend tells me that neither old nor new agent displays as being registered with a redress scheme and that I should speak to Trading Standards.
House is also not registered as an HMO - is over three floors with 12 people living there. I'm not familiar with HMO regs, but I know that there are some new additions with pretty serious breaches of building regs with regard to fire escape that need to be dealt with.

Thanks in advance.

silvercar

I'm easily confused, but is it a room in a house, so HMO, or is it a self contained studio flat?

Also, as it is not their main residential home, is it an AST or a contract? Something at the back of my mind, that it can only be an AST if it someone's home.

You pursue in the name on the contract. Think of students where they hold the tenancy but the rent comes from the bank of mum & dad.

You pursue the landlord not their agent. What do you want to achieve? A guarantee that you will get all the deposit back or some redress?

G_M

The agreement is in cousin's name although my H signed the agreement in his name

H signed in his own name, or in cousin's name?

Doozergirl wrote: »

I

My questions are:
Can I pursue this in my own name as a tenant or H's name given that we have paper trail showing we paid all the rent and deposit and the agreement was signed by my husband?
all action must be in the tenant's name.
Cousin is named as T, but some ambiguity as H signed (in whose name?)

I can do this in cousin's name but it's going to be me doing the work, so it would be easier for me.
Cousin should sign all documents (or H if you can prove H was tenant)

Who is the LL? Am I now chasing the original agent or the new one?!
LL is whoever is named as LL on the TA. Did the email say the agent was changing? or the LL was changing? As per Landlord & Tenant Act 1985 section 3?

Then I need to do something about reporting them to other relevant authorities, if anyone has any further advice on this:
Friend tells me that neither old nor new agent displays as being registered with a redress scheme and that I should speak to Trading Standards.
Correct.:

House is also not registered as an HMO - is over three floors with 12 people living there. I'm not familiar with HMO regs, but I know that there are some new additions with pretty serious breaches of building regs with regard to fire escape that need to be dealt with.
HMO. Probably should be registered. Look at your local authority website.

Thanks in advance.

Since 1st October 2014, the Enterprise and Regulatory Reform Act 2013 S83 requires letting agents in England to sign up to one of 3 schemes:

* The Property Ombudsman
* Ombudsman Services Property
* Property Redress Scheme

Before suing for deposit penalty, I would wait till the tenancy has ended. Suing will just make the LL/agent more p*ssed off and, for example, query the notice period etc

Once tenancy has ended, you can sue if you wish.

Doozergirl

Thanks.

It is named as an AST. Cousin has lived there every night, pretty much. H comes home at weekends.

I'm not sure how the house is split. This is a self-contained studio attached to what is clearly an HMO with people gathering in kitchens etc. The studio is like a building within a rather strange lean-to which the house also leads into. It has access via a back door, then it's own door - we don't share facilities. In essence, it's a posh bed in a shed.

H signed in his own name. It's pretty illegible, but the initial is clearly different. How could I prove H was tenant? If I can prove and it subsequently makes my life easier, then I would rather.

Regarding change of company. I will delete this bit so please don't quote:


To all tenants,

This letter is to inform all tenants that "company named as landlord (then landlord agent with address)" no longer the property managers for this property.

"new company" is the property management agency that will handle all business on behalf of the landlord. Going forward all tenants must contact us on the below given contact details.

As 'new co' manages this property, we provide rent collection services to all our landlords and therefore we are now responsible for collecting the monthly rent monies from each tenant for each individual room.

Sigh.

I can wait for tenancy to end before suing. Doesn't their acceptance of the notice period count for anything though? Cousin is massive and afraid of nothing, so we're not particularly concerned about harassment.

The tenancy agreement is hilarious. You've never seen so many randomly inserted clauses.

Will check the registration of both companies with those three, thanks G_M

Doozergirl

Just looking at the tenancy agreement. It has cousin's job title and our company name, also my husband's first name and telephone number as 'the contact' in the "Tenant(s)" section

FutureGirl

The LL is the LL as in the tenancy. The letter you got is just regarding the management of the property, not a change in LL.

silvercar

What is your aim?

1. To ensure full return of deposit.
2. To get some compensation for landlord not protecting deposit.
3. To report landlord for breaching regulations.

How much aggravation are you prepared to put yourself through in pursuit of the above.

Doozergirl

All of the above, silvercar.

I'm ready. I've already been screwed over by a rogue tenant and more than prepared to screw a rogue landlord. We'll call it karma.

I've checked the six addresses I have for the two companies and none are registered with any of the schemes. The 'new' agent displays logos on their website!

I have been offered and sent a new tenancy agreement with the new agent's name on as landlord. Unsigned. They are backdating it but have removed the break clause, which makes it useless to us. Shall I ask them to re-instate the break clause and see if they will re-issue and sign it - so I know I'm dealing with the right company?

silvercar

Doozergirl wrote: »

All of the above, silvercar.

I'm ready. I've already been screwed over by a rogue tenant and more than prepared to screw a rogue landlord. We'll call it karma.

I've checked the six addresses I have for the two companies and none are registered with any of the schemes. The 'new' agent displays logos on their website!

I have been offered and sent a new tenancy agreement with the new agent's name on as landlord. Unsigned. They are backdating it but have removed the break clause, which makes it useless to us. Shall I ask them to re-instate the break clause and see if they will re-issue and sign it - so I know I'm dealing with the right company?

I wouldn't be signing any tenancy agreements at this stage.

If you really don't know who your landlord is then £3 would download the deeds from Land Registry to find out.

Or you could just remind them that the deposit isn't protected and you will go to court if you don't get it back. That deals with number 1.


3. you can deal with by making a few phone calls.

So it is only 2 that needs some action that may be better waiting until you are out of there.

relaxtwotribes

silvercar wrote: »

If you really don't know who your landlord is then £3 would download the deeds from Land Registry to find out.

Sorry to disagree. A search at the Land Registry will only reveal who is the owner of the property. It may be that your landlord is renting the property from the owner and subletting it to the various tenants.

franklee

It can't be an AST if it's let to a company.

I thought an AST has to be the tenant's only or principle home which I'd have thought is probably your own main home for your husband. Does cousin have any other home? So I'm not sure renting while working away for 10 months would count as an AST if in reality the majority of husband's belongings, post etc goes to your main home. I'd suggest further googleing of tenant "only or principal home". I do not think the tenancy agreement changes the tenancy type which is determined by the reality on the ground.

That said I doubt the agent would challenge the tenancy type unless you took court actions so I'd still suggest writing to them now to ask for the landlord's name and address under both these statutory rights asap before the tenancy ends:

Address upon which notices can be served - Section 48 of the Landlord & Tenant Act 1987. This must be given in writing (it may be in the tenancy agreement) and it's OK to use the address of an agent.

Landlord's OWN address (that is his place of abode or place of business or, in the case of a company, it's registered office). Under section 1 of the Landlord and Tenant Act 1985, tenants who make a written request to the person collecting rent have a right to the landlord's name and address which must be supplied within 21 days. In this case the agent's address will not suffice.

More info about who and which address to use if suing:
http://www.landlordlawblog.co.uk/2014/05/29/a-tenants-right-to-know-his-landlords-address/

I would also check owner's name the land registry see if that sheds any light.

Definitely report the agent over the lack of redress scheme and to the council as you think it's an unlicensed HMO.

Is withholding the last months rent an option? If they then sue you for that you can counter claim with deposit issues but at least you will know who you are taking action against as they will need to come out of the woodwork first.

IMHO the deposit penalty claim is a dead duck unless you have a watertight case as it's expensive to being a claim you do not want to lose on a technicality (of it not being an AST) and then be landed with paying the landlord's costs plus the cost to bring the claim. I know that's frustrating but it seems the unscrupulous tenants and landlords do have wriggle room and know how to use it. Good luck and let us know how it goes.