Section 1 of the Landlord & Tenant Act 1985

Tobster86

Does this law apply once you have moved out? I understand that it requires a landlord to provide their address to tenants within 21 days for dispute resolution otherwise risk being fined.

I'm dealing with a rogue landlord of a large multiple occupancy home (incidentally unlicensed; though the council are completely disinterested) who did not furbish a tenancy agreement, did not secure the deposit in a tenancy protection scheme, and did not return the deposit at the end of the tenancy. They also went out of their way to ensure I never found out their address, and are continuing to do so to deliberately obstruct me from issuing legal proceedings.

Comms69

I doubt they'll comply with that whether it is relevant now or not.


Just serve papers on your rented property.

franklee

Think you may be out of luck as IIRC you have to be the tenant for that to apply and even then getting it enforced is tricky if not impossible depending on how helpful the TRO at your council is. As it's a HMO can you get one of the existing tenants to write requesting the address?

The land registry online is a good place to start although the landlord's address may just be the rental address it's worth checking.

If there was a letting agent their address is often used for the service of notices.

I would go ahead and serve at all addresses you have, rental, letting agent.

If the land registry shows a mortgage lender you could write there too asking them to forward. Unlikely they do but at least it shows you tried everything possible.

If the landlord has an unusual name and you know the area the electoral role may work.

I suppose you could consider address tracing agents but I do not know how much they are or if they work.

For the deposit it's worth checking to see if you can sue the letting agent alongside the landlord. I assume it's the letting agent you have asked for the landlord's address, if not who are you writing to asking for the landlord's address?

G_M

Tobster86 wrote: »

Does this law apply once you have moved out? I understand that it requires a landlord to provide their address to tenants within 21 days[STRIKE] for dispute resolution [/STRIKE]otherwise risk being fined.
Correct.
But if the tenancy has ended, you are not a tenant.
Sorry

I'm dealing with a rogue landlord of a large multiple occupancy home (incidentally unlicensed; though the council are completely disinterested)
be tenancious.
Put everuthing in writing - yes, formal letter to council.

who did not furbish a tenancy agreement,
No obligation to provide a written ageement (in England)

did not secure the deposit in a tenancy protection scheme,
Sue for the penalty.
If you have no address, serve papers at the property you rented.
(Why did you pay rent if you had no address for serving notices?)

and did not return the deposit at the end of the tenancy.
Sue for the deposit.
If you have no address, serve papers at the property you rented.

They also went out of their way to ensure I never found out their address, and are continuing to do so to deliberately obstruct me from issuing legal proceedings.

Have you spoken to the ongoing tenants at this HMO?

Do they know that without having an address for their landlord they do not have to pay rent? Landlord and Tenant Act 1987 Section 48.

theartfullodger

Tobster86 wrote: »

Does this law apply once you have moved out? ....

If you have moved out & tenancy ended you are no longer a tenant so no right to the information.

However if you have moved out but tenancy not ended (How did you think it was ended? moving out doesn't normally end a tenancy) then yes you have that right & landlord has right to rent until tenancy formally ended....

Your next move, sir?

G_M

theartfullodger wrote: »

If you have moved out & tenancy ended you are no longer a tenant so no right to the information.

However if you have moved out but tenancy not ended (How did you think it was ended? moving out doesn't normally end a tenancy) then yes you have that right & landlord has NO right to rent until tenancy formally ended....

Just to be clear!

Tobster86

Does any of the law on tenancy deposit protection apply where there was no tenancy agreement signed (in this case, because one was not furbished even when asked for; another reason why I left after a very short period of time)?

silvercar

Tobster86 wrote: »

Does any of the law on tenancy deposit protection apply where there was no tenancy agreement signed (in this case, because one was not furbished even when asked for; another reason why I left after a very short period of time)?

Yes. The fact you paid rent to live in the property forms an agreement, even if you don't have anything on paper.

When you "left after a short period" did you give notice?

Tobster86

silvercar wrote: »

Yes. The fact you paid rent to live in the property forms an agreement, even if you don't have anything on paper.

When you "left after a short period" did you give notice?

I did; a month's notice when they attempted to hike the rent, a few weeks after moving in, without sound justification!

My entire correspondence with this landlord (landlady actually) suggests to me possible substance abuse (telling me one thing one message and something completely different the next; the usual "if you're going to be a good liar; make sure you have a good memory" scenario). One of the longer-term lodgers, who I'd describe as "tough working class" but a nice enough bloke, described her as a cowboy and told me that she's a "former traveller". Just to put into perspective the sort of person I'm dealing with. She does own a property though, and properties & their contents can be lawfully seized; so I have no reason to be put off legal action by the prospect of her "upping sticks" as it were.

G_M

Tobster86 wrote: »

Does any of the law on tenancy deposit protection apply where there was no tenancy agreement signed (in this case, because one was not furbished even when asked for; another reason why I left after a very short period of time)?

The law on tenancy deposit protection applies to all tenancies. A tenancy can be written, or verbal.

If a landlord provides a property in return for rent, a tenancy exists (unless the occupant is an 'Excluded Occupier - see below).

One of the longer-term lodgers, who I'd describe as....

an important point: were you a tenant, or a lodger?

Deposits taken from lodgers do NOT have to be protected.

LODGERS (Licencees/Excluded Occupiers)
A lodger (broadly) lives in the same property with a resident landlord & shares facilities. Unlike tenants, lodgers have few rights.

The Housing Act 1988 provides definitions of 'Resident Landlord' & 'same property' (S31 & Schedule 1 (10).

Tobster86

G_M wrote: »

an important point: were you a tenant, or a lodger?

We were definitely tenants in that case, the landlord did not live in the property (in fact, she's quite deliberately evasive and I've never actually met her).