Letting agency - dissolved

RabbitMad

Any money paid to the LA afterit went into receivership should be able to be return. You need to speak to the Offical Receiver (OR) and explain the problem.

However I think this is your problem and not the LL's. They instructed you not to pay the LA anymore and you agreed. Unless you can prove that you cancelled the SO on the bank's website I think the OR is your only hope.

peterc2609

But the bank said that even if the cancellation would have been carried out on the website, then the money still may have been taken because of the lack of time between cancellation and when the money was actually due.

Nowhere in my tenancy agreement does it say I should pay the LL direct... and I have not signed anything else... I agreed on the phone that I would try and pay the LL but thats all.

RabbitMad

Well you could argue that the LL didn't give you enough notice to stop the SO, in which case its his problem. However I think you should go down the route of trying to get your money back from the OR.

Therefore I suggest you write to your LL explaining that you will be paying by SO to him in future as he instructed you to on 22/11/07 and could he confirm this in writing, but that he hadn't given you sufficient notice to stop your Nov payment going to his LA. You will try to help him by contacting the receivers of the LA and requesting the rent back as it had been paid after they had gone into receivership and if you get it back will pay it straight to him. However if you can't you consider the Nov payment made as per your contract and it will not be liable for his LA's insolvency and the lack of notice provided (1 working day).

Good luck

peterc2609

How do I find out the OR???

I cant find anything!?!?

RabbitMad

i have no idea, but the la can't just disappear.

the la will have been a ltd, a partnership or a individual traing as abc LA. Depending upon which of these depends on who to go to.

put the onus on the LL to put you in touch with who ever as you are doing them a favour, and if you can't get this payment returned it will affect them. If they told you on 22nd nov not to pay the LA it was too later. Your bank would have processed the SO on the 23rd ready to pay on the 26th. Even if you cancelled it on 22nd it wouldn't have registered on their system until after the SO had been processed.