No tenancy agreement, can they withhold my deposit?

londonrenter2020

Recently the flat I live in changed hands, however I was only made aware on the evening the keys were exchanged (on the 1st April at 7pm). The internet was immediately cut off as it was in the old landlords name. I was only given a surname and a telephone number to contact. I have had very little contact from the new landlord, no tenancy agreement, no address, no first name!

My other two flatmates have recently moved out and during the first few weeks of April. I have called the landlord numerous times to discuss the internet, the fungal mould and trying to encourage him to send me more of his details, however have had very little response. I made him aware I would be unable to stay in the property if the internet was not sorted due to my job requirements. I have very little money and would be unable to sort this and pay extra on top of rent which has been scraped by

 Since then I have liaised with multiple different men (all related as it's a family agency) leaving me feeling very uneasy about the whole situation (I am a young female living alone in an empty flat, of someone I do not know during this time of uncertainty).

Since then I have moved out as I felt so unsafe, however the new landlord has only agreed to give me back on one weeks of deposit, saying no notice was given. The deposit has not been placed into a scheme (as its under the 30 days of the new landlord receiving). Also not to mention the original landlord never received my consent to move my deposit to the new landlord, which I believe is a requirement. 


Any advice on how to obtain my deposit back? Please only helpful links and advice, opinion without facts is not helpful

steampowered

You can't just up sticks and leave the property without giving notice !  So you are of course liable to pay the rent in full until your notice expires.

If the internet was disconnected, you could have a claim for that, but only if your tenancy agreement required internet to be provided. 

However if the landlord was required to protect your deposit and failed to do so, it may be that you could negotiate being let off the hook for your outstanding rent in exchange for not pursuing a claim for a penalty for failing to protect the deposit.

vitaweat

Was the original deposit protected?  AIUI, if it was put into the scheme in the first place it shouldn't have been removed just because the ownership of the property changed.

theartfullodger

#### Recently the flat I live in changed hands, however I was only made aware on the evening the keys were exchanged (on the 1st April at 7pm). The internet was immediately cut off as it was in the old landlords name. I was only given a surname and a telephone number to contact. I have had very little contact from the new landlord, no tenancy agreement, no address, no first name! #####

Apart from Internet this is good for you.  When there is a change of ownership the tenancy continues, all same terms - apart from name of landlord & addresses.. - so your existing tenancy agreement is fine.  Do nothing.

Until and unless (assuming this is England or Wales) the new owner (or someone) gives you an address for him in England or Wales then no rent is due. So do nothing, don;t pay rent.  & until the new owner (or someone) gives you his ACTUAL address (eg could be in Scotland) then new owner is liable to fines (ah, bless..) and possible criminal record: Sadly rarely enforced.

see...

https://england.shelter.org.uk/legal/security_of_tenure/basic_principles_security_of_tenure/Information_about_a_landlords_identity#3

So do nothing: (perhaps get a mobile 'phone hot-spot/router for internet). Keep rent set aside,ideally in a separate bank account.

When new owner is getting no rent he'll be in touch, surprisingly quickly....  Have a written list of repairs needed to give him, immediately, keep copy.

Comms69

londonrenter2020 said:

Comms69 said:

Sorry but no. 

1: drop the sexism, it's the 21st century. You've spoken to men and that's made you feel unsafe? Sorry what? - the vast majority of tenants dont know who their landlord is. 
2: If you wanted internet, go and sort internet, it's not a valid reason to breach the tenancy
3: no your consent isnt needed to move the deposit. Why would it be?

I dont see why you're entitled to your deposit as it seems you owe rent for lack of notice.

1) I wouldn't call it sexism I'd call it reality of living in London. Many times my previous male landlord has let himself into the property without my consent. London landlords often do not play by the rules and I am very conscious of that. I am completely entitled to feel unsafe living in a property whom I have various different numbers calling me with different men claiming to be part of the agency/ a relative. This is especially difficult when English on the agents side is limited, not sure if what I'm conveying is being understood and vice versa. Would you be comfortable if your young daughter or wife was living under these circumstances? ESPECIALLY during Covid-19? I doubt it

During coronavirus I currently have very little to no funds unknown still if money is coming in, under my contract the internet is something I have already paid for in my rent. 

Legally my money was moved and consent and notice of selling the property should have been given 

Unfortunately overall your advice wasn't very helpful, thanks for trying though 

Then change your locks. I would hope i'd raised my daughter / explained sufficiently to my wife, how to be safe and what steps to take. If you are receiving calls from lots of people, feel free to block those numbers. 

My advice wasnt what you wanted to hear. However it remains accurate.

Internet might be part of your contract, but if it's vital to your work, you go and get a 4g device. 

Your consent is not needed for either the sale, or for your deposit to be re-registered under the new landlord. 

londonrenter2020

vitaweat said:

Was the original deposit protected?  AIUI, if it was put into the scheme in the first place it shouldn't have been removed just because the ownership of the property changed.

It was in a scheme under the old landlord, however other tenants have recently moved out so I believe the new sum has not been registered 

greatcrested

What kind of tenancy do you have?

* was it joint with the other 2 tenants, or did you have a contract in your sole name?

* If joint, what happened when they moved out? Did the tenany end/get replaced? How?

* is your tenacy fixed term or periodic? Dates?

* what notice is required under your tenancy?

Sale of a property does not require the tenant's consent.

The new landlord has 2 months to inform the tenant (Landlord & Tenant Act 1985 S3)

Sale of a property does not end the tenancy, so the deposit does not need re-protecting - though if when the 2 flatmates moved out the joint tenancy ended and a new one in your sole name was created, that would be a new tenancy.

If a LL is abusing your rights by coming in without notice, change the locks. However, if you and the other 2 flatmates had separate contracts, this is an HMO and the LL can enter the communal areas whenever he wishes.

macman

Was internet access supplied inclusively under your original tenancy agreement? If not, then there is no requirement for it to be included now. If yes, point this out in writing to your new LL and ask him to restore it or reduce your rent in compensation.
You have failed to give proper notice, therefore the LL can claim rent for the period up until your exit date under the STA.
He's not in breach for failing to protect your deposit until 30 days have elapsed.
Your tenancy otherwise continues on the same terms and conditions as before. 

londonrenter2020

macman said:

Was internet access supplied inclusively under your original tenancy agreement? If not, then there is no requirement for it to be included now. If yes, point this out in writing to your new LL and ask him to restore it or reduce your rent in compensation.
You have failed to give proper notice, therefore the LL can claim rent for the period up until your exit date under the STA.
He's not in breach for failing to protect your deposit until 30 days have elapsed.
Your tenancy otherwise continues on the same terms and conditions as before. 

Just to confirm there is no tenancy agreement hence the confusion on leaving notice. I will be researching STA and if it applies in my case thank you!

greatcrested

londonrenter2020 said:

macman said:

Was internet access supplied inclusively under your original tenancy agreement? If not, then there is no requirement for it to be included now. If yes, point this out in writing to your new LL and ask him to restore it or reduce your rent in compensation.
You have failed to give proper notice, therefore the LL can claim rent for the period up until your exit date under the STA.
He's not in breach for failing to protect your deposit until 30 days have elapsed.
Your tenancy otherwise continues on the same terms and conditions as before. 

Just to confirm there is no tenancy agreement hence the confusion on leaving notice. I will be researching STA and if it applies in my case thank you!

So did you all 3 move in together? Was a rent for the whole property agreed?

Or did you all move in separately? And/or agree individual rents (ie for your individual rooms)?

When the other 2 moved out, did you have to pay the full rent for the property (ie their 'shares')? Or continue to pay just for your room (ie the landlord now gets 1/3rd of the rent he was previously getting from the 3 of you)?

londonrenter2020

greatcrested said:

londonrenter2020 said:

macman said:

Was internet access supplied inclusively under your original tenancy agreement? If not, then there is no requirement for it to be included now. If yes, point this out in writing to your new LL and ask him to restore it or reduce your rent in compensation.
You have failed to give proper notice, therefore the LL can claim rent for the period up until your exit date under the STA.
He's not in breach for failing to protect your deposit until 30 days have elapsed.
Your tenancy otherwise continues on the same terms and conditions as before. 

Just to confirm there is no tenancy agreement hence the confusion on leaving notice. I will be researching STA and if it applies in my case thank you!

So did you all 3 move in together? Was a rent for the whole property agreed?

Or did you all move in separately? And/or agree individual rents (ie for your individual rooms)?

When the other 2 moved out, did you have to pay the full rent for the property (ie their 'shares')? Or continue to pay just for your room (ie the landlord now gets 1/3rd of the rent he was previously getting from the 3 of you)?

Yes all individual renters so not much contact or relation to the other tenants. So when they moved out  their rent etc didn't apply. It did mean that the deposit has been withheld from a scheme as would need to be entered as a unit, because they moved out (if that makes sense)