landlord in receivership,property in disrepair who will be responsible

hi123

hi need help from forum users
my son had just rented a flat in london with 3 other students,paid agents fees, first month rent and deposit
took possesion,property in very poor state ,windows broken, rat droppings unclean,holes etc which were not noticeable when they had viewed the property nearly 6 months ago
also they have found a letter from a property consultant indicating that the property is in receivership in the first week of moving in
what happens to rent already paid,they havent being given the deposit certificate even
who can they complain about repairs and health and safety
the landlords agent is still telling them the letter about receivership is an error and want next months rent paid via him

G_M

They need to establish if the property IS in receivership.

If yes, then rent goes to the Official Receiver who is now their landlord, and responsible for repairs etc

If no, then the original landlord.

Contact the OR direct. Meanwhile tell the agent you are holding back the rent (put to one side to pay in due course) until this is clarified formally and in writing)


This may also help:


* Repossession: what if a LL's mortgage lender repossesses the property?

Cakeguts

hi123 wrote: »

hi need help from forum users
my son had just rented a flat in london with 3 other students,paid agents fees, first month rent and deposit
took possesion,property in very poor state ,windows broken, rat droppings unclean,holes etc which were not noticeable when they had viewed the property nearly 6 months ago
also they have found a letter from a property consultant indicating that the property is in receivership in the first week of moving in
what happens to rent already paid,they havent being given the deposit certificate even
who can they complain about repairs and health and safety
the landlords agent is still telling them the letter about receivership is an error and want next months rent paid via him

The problems would have been noticeable at the viewing 6 months ago but your son and his fellow tenants didn't take enough care when viewing. They probably only looked at the general accommodation and the cost of the rent rather than the overall state of repair of the property.

The rat droppings and the fact that the property needs a good clean is down to the previous occupants lifestyle this should have been obvious at the viewing.



Depending on the borough they can try reporting the state of the property to their local council private housing department.



Just because they have got this letter it doesn't mean that they can stop paying the rent. If they don't know who to pay the rent to they need to put the rent into an account and keep it. They must not spend the rent money.

hi123

thanks
did ring receivership company who confirmed receiverhip but landlords agent even today is assuring them its all an error and has been sorted
question is not about paying rent,they have already paid first month and have just taken posession so not due for a few days yet
but of getting repairs as windows broken,insulation foam coming out at places etc ,not even handed over in clean state
what can they do to get repairs
agent has taken a lot of fees i am not sure what for but refuses to answer calls ,texts or messages
lamdlord checks tenants financials,gets references and deposit and guarantee
is there no system for reciprocal ie check against landlord in repsosseion etc

hi123

Cakeguts wrote: »

The problems would have been noticeable at the viewing 6 months ago but your son and his fellow tenants didn't take enough care when viewing. They probably only looked at the general accommodation and the cost of the rent rather than the overall state of repair of the property.

The rat droppings and the fact that the property needs a good clean is down to the previous occupants lifestyle this should have been obvious at the viewing.



Depending on the borough they can try reporting the state of the property to their local council private housing department.



Just because they have got this letter it doesn't mean that they can stop paying the rent. If they don't know who to pay the rent to they need to put the rent into an account and keep it. They must not spend the rent money.

i agree these boys probably didnt check every corner
does that mean there is no responsibilty of landlord ,when insisting for professional clean upon leaving in contract and not handing property in clean state
there were no broken windows upon viewing they took pictures of some areas
landlord obviously knew about payment issues still took first months rent and hasnt even provided deposit certificate despite reminders on daily basis
is there any protection against such rogue landlords
i have just also found out today he has multiple properties in receivership

dimbo61

I feel for you and your son.
Your son needs to check with all the deposit companies such as Mydeposits to check if the deposit has been registered.
You need to take lots of photos of the condition of the property preferably on the day they moved in and write an email to the letting agents listing all the existing damage and state of the property.
You need to attach photos to the email
Then your Son as one of the tenant's needs to write a Letter with pen and paper and keep a copy. Send to the letting agents with proof of posting.
Keep in contact with the official receiver and send them a copy of your son,s tenancy agreement.
It is difficult getting good student accommodation or any other kind of rental accommodation in London and this situation is only going to get worse with the current rental market

silvercar

....but landlords agent even today is assuring them its all an error and has been sorted......

In that case, get on to the agent to get the problems sorted.

The university housing department may be able to help.

If the property has been taken over by the official receiver, then that body is your new landlord and will be responsible for repairs. Generally they will only do what is legally required to be done. They may be agreeable to the tenancy being terminated, if the students would prefer.

dimbo61

As a parent I would check that the property has smoke alarms, CO alarm near every gas appliance and a current gas safe certificate, request the EICR for the property if your concerned about the electrics.
You could also ask the letting agents which redress scheme they belong too

hi123

thanks for all suggestions,
had gas checks done yesterday
spoke to receivership company who confirmed receivership,
spoke to agent who manages the property he says its a short term problem and the owner did not know that she had gone into receivership but now onwards he is not arranging any repairs as he may not get paid(( difficult to believe as i have just found that owner has a prominent company,own personal website with her name
and siting her as enterprenuer ,philanthropist amongst others)
but no contact details ,when click contact us goes blank
so still cant formally send letter to owner
any suggestions
also can i insist on receivership company to sort out urgent repair issues
does the letting agent who took 800£ from tenants has any duty towards them? he has been not picking up his phone or replying to any messages

G_M

hi123 wrote: »

thanks
did ring receivership company who confirmed receiverhip but landlords agent even today is assuring them its all an error and has been sorted

As I advised earlier!

If the OR has said this on the phone, get them to confirm formally in writing.

If they are now your landlord, then write to them formally

* with the list of repairs.
* requesting notification of the address 'for serving notices' (required by law)
* where/how they want rent paid
* whether they are managing the tenancy or employing an agent, and if so who

Meanwhile, since the agent claims it's a 'short-term problem' (whatever that means- either in Receivership or not!), write also to the original landlord, at the address originally provided for serving notices on him, formally requesting repairs.

Stop phoning people. Write.

The money paid is not an issue:


* they presumably paid to be credit vetted/referenced by the agent. That was done and the tenancy granted, so payment was owed and paid. No issue
* advance rent was paid. Keys provided. No issue (till next rent due- see previous advice)
* deposit paid. Not an issue till the tenancy ends. Presumably they have a receipt to prove payment? At the point the tenancy ends, the then landlord, whoever it is, has to return it (or justify deductions)


If the deposit has not been protected, this gives the tenants security from eviction via a S21 Notice. They could also claim the penalty (now or later) but frakly till you sort out the receivership aspect it's pointless. And if the OR has taken over, then claiming the penalty from them for the original LL's oversight seems a bit harsh!

AdrianC

"The property" can't be in receivership.

Who owns it?
Is it a company? If so, then that company is probably in receivership or administrator. The official receiver or an administrator is now responsible for running it.


Is it an individual? If so, then that individual is probably now bankrupt.


Either way, the property is almost certainly going to be sold soon. If selling it without a tenant makes selling it easier - then expect an s21 in short order, assuming all the ducks are in a row to not invalidate it. If there's a mortgage on it, then expect repossession, followed by an s8 (ground 2) if the mortgage predates your tenancy. The only way you're staying in the property is if the place goes to auction and is sold with a sitting tenant...