Tricky Situation - Advice Please

Roland_Flagg

Around 8 years ago my Niece was in a bad situation and had no money, so I helped her get a rented house. I wrote out two cheques for similar amounts. One for the Bond, One for advice rent.

Now the landlord has told my Niece that he wants to sell the property and has given her 3 months notice.

My problems are:
I've moved house, switched bank account and switched phone during that time, and have no records of the payments I made, or contact details of the property owner/landlord.
All I know is that the owner has moved out of the area, but will no doubt will be coming back to sort the house out.

Also, I have very little to do with my Niece's side of the family now, and am being kept out of the loop, also my Niece has lots of personal issues and so I want to find out what is happening without making a big deal of it.

I would obviously like some or all of the money back, but also I think if my Niece has made a mess of the house (which is possible), due to signing the forms I will be liable and it will end up costing money.

Opinions on how to track down the landlord and whether I should just write off the money (about £1k) and move on?

Thanks.

Bossypants

Did you make it clear at the time that the money was a loan and you were expecting it to be repaid when she moved out?

System

It will all come down to how the contract was set up, you should have been noted as a Relevant person and had a copy of the tenancy to sign and registered as such with the deposit scheme. if you weren't then the money will go back to your niece and you will then have to try and get the money from her.


it may be worth ringing the various schemes to find out which one the deposit is with and have a word with them.

Roland_Flagg

Thanks for the replies.

I've lost the agreements but always assumed that monies would be returned to myself.

Would paying £3 to get the Land Registry details be the best place to start?

hazyjo

Bossypants wrote: »

Did you make it clear at the time that the money was a loan and you were expecting it to be repaid when she moved out?

Roland_Flagg wrote: »

I've lost the agreements but always assumed that monies would be returned to myself.

That doesn't sound very much like an agreement... You know what happened to 'assume'!

Roland_Flagg

Thanks for the unhelpful response.

At the time I was helping out a family member after a death in the family and legal concerns were the least of my worries.

If you have nothing helpful to contribute please keep your opinions to yourself.

Fire_Fox

Sorry but there is nothing about your language that indicates a loan (helped out/ would like/ assume). You have lost or disposed of everything which does not indicate any expectation of repayment.

Without a clear written agreement is highly likely you have no right to any money from the landlord, and no right to any information from the landlord either (data protection).

Given that your niece may not have left the property in good condition, and that you don't know what you signed, it seems unwise to alert the landlord to your current whereabouts.

Lungboy

Roland_Flagg wrote: »

Now the landlord has told my Niece that he wants to sell the property and has given her 3 months notice.

That's nice of him, but it doesn't mean an awful lot.

Comms69

Roland_Flagg wrote: »

Thanks for the unhelpful response.

At the time I was helping out a family member after a death in the family and legal concerns were the least of my worries.

If you have nothing helpful to contribute please keep your opinions to yourself.

Ok here goes. You will struggle to enforce a verbal agreement, 8 years after the fact when you are in essence helping a family member during a difficult time.


The LL CANNOT return the money to you. The only person liable is your niece. So you either risk small claims court or you write it off.

System

Comms69 wrote: »

Ok here goes. You will struggle to enforce a verbal agreement, 8 years after the fact when you are in essence helping a family member during a difficult time.


The LL CANNOT return the money to you. The only person liable is your niece. So you either risk small claims court or you write it off.

Unless you can ascertain whether or not you were named on the tenancy as a Relevant Person which at this point you are unable to do. Looks like you may just have to write off the deposit monies as Comms69 says

Socajam

I agree with Fire Fox and Simonr66 write off the sum of money and move on.
Also have you thought that my contacting the LL you may be opening up a can of worms. Ask yourself if it is worth what might await you.