End of tenancy, landlord and agency disappeared - deposit?

ellioth

You could spend £3 with the land registry and find out who owns the property and if there is a mortgage or loan on it

I've done it yesterday, the flat is owned by the person stated in the contract and there is no loan on it

PasturesNew

I'd just not pay any more rent until they'd got in touch....

Just in case.

Keep it, but hold onto it.

You're leaving anyway. Your intention is not to defraud or get out of anything... you simply want to ensure that any monies due to you are retained -and- any monies due to somebody else are kept safe until they contact you.

AnotherJoe

One hell of a contradiction in your posts, you say everyones dissappeared but you are still paying rent to someone and theres a woman who tells you not to stop paying. .
For goodness sake do not pay any more rent. Keep the money seperate. Get a proof of postage as said of your notice. Hopefully the rent due to pay will be more than the deposit.

If they are really non existent there wont be anyone to come after you for the money will they. Maybe the woman is an ex employee of the defunct agency and just trousering the money.

[Deleted User]

To be honest I would be wondering this as well.

If she does ask for the money, say you shouldn't be paying until you have a LL's address see

https://www.landlordlawblog.co.uk/2014/05/29/a-tenants-right-to-know-his-landlords-address/

Still don't pay rent until you have confirmed things with the LL, presumably this will match the name you found on the registry.

AdrianC

Assuming your deposit's protected, then when you move out, simply claim it from the protection service.

Provide notice correctly, to the last known contact details - in writing - and keep a copy in case of any dispute.

silvercar

ellioth wrote: »

I've done it yesterday, the flat is owned by the person stated in the contract and there is no loan on it

What address is on land registry for the landlord?

[Deleted User]

Ooops please delete

G_M

ellioth wrote: »

It appears that the lettings agency has been renting the office and after repossession, this address is not any more of the company. Is it still treated as a valid "landlord's address"?

Of course, I have a proof of the postage, but how to sue the company or the landlord with the repossessed address? There are hundreds of letters laying on the floor there.

By law, there should be an address "for serving notices on the landlord". This may be his address, or it may be c/o the agent, or somewhere else.
That is where you send all formal letters/notices.

That is where you serve your notice.

Once your tenancy has ended, write to the LL again, at that address, requesting your deposit. If it is not returned and/or no reply received, apply to the deposit scheme via the single claim process.

If all else fails, sue the LL, again using the proper address. If/when you win in court (eg the LL fails to defend/turn up) you can place a charge on his property so you get paid if/when he tries to sell.

You have served notice to the address you were provided. Therefore your tenancy will end when your notice expires. The fact that it was undeliverable is not your fault or your responsibility.

................................................................

G_M

deannatrois wrote: »

To be honest I would be wondering this as well.

If she does ask for the money, say you shouldn't be paying until you have a LL's address see

https://www.landlordlawblog.co.uk/2014/05/29/a-tenants-right-to-know-his-landlords-address/

Still don't pay rent until you have confirmed things with the LL, presumably this will match the name you found on the registry.

Tenant has to write to the agent to request the LL's actual address and wait 21 days. If no address provided, then a criminal offence is commited. Post 5 above.

Landlord also has to provide an address (any address) 'for serving notices' without which rent is not due (post 5 above). In this case that has been done. An address was provided (though the OP seems reluctant to use it!).

I agree witholding rent in these circumstances is best option. What can the LL do? Answer: sue for the rent. By the time it gets to court the tenancy will be over and the tenant can counter claim for a) the deposit and b) the 3 times penalty (assuming the deposit has not been returned).

tom9980

I did not have time to add that the agent i bought our first property from kept changing the Ltd of his family estate agency a few times in the 2009-2012 period it turned out he had been pocketing rents and deposits and not protecting them, he only got a suspended sentence for stealing around £10k.

Frankly i would not deal with the lettings manager other than to insist on contact with the real landlord.