Ending Tenancy and Landlord has changed but we have no contact details...what are our options?

click86

Just a general question,

If the property is no longer anything to do with the original landlords, who have you been paying the rent to (assuming you pay monthly)?

Hopefully the new property owner doesn't come asking for all these missing rent payments if you successfully make contact.

getmore4less

Was going to say often the simple way to get a landlords attention is stop paying.

https://beta.companieshouse.gov.uk

If they were running it as a business sometimes you can trace a chain of people from one name or the property may have a charge.

onthemend88

click86 said:

Just a general question,

If the property is no longer anything to do with the original landlords, who have you been paying the rent to (assuming you pay monthly)?

Hopefully the new property owner doesn't come asking for all these missing rent payments if you successfully make contact.

It is still going to the LL brother's account which is why I am so confused. No payments have ever bounced back - maybe I should not pay, keep the money aside and wait for someone to get in contact with us. I would imagine that someone would soon be in contact to see why we hadn't paid. 

It is a really good job we have had no issues with the house. I am going to try that link to the Land Registry and see what it comes up with. 

greatcrested

* Were you informed by the original LL of the change of ownership in writing?

* Did you continue to pay rent? To whom?

* if to the original LL, why (since he had told you he was no longer the LL)?

* if to the new LL, why (since he had not complied with section 3 of the Landlord & Tenant Act 1985?

* nor has the new LLcomplied with section 48 of the Landlord and Tenant Act 1987 , without whic rent is not due.

* you can purchase the property Title, showing the registered owner's name/addrees from the Land Registry here for £3.00

* Since (apparently) you have never been informed properly of the change of ownership, you should write to the original LL, at the address he provided "for serving notices" requesting your deposit.

* assuming it is protected, and assuming he does not respond and/or return it, you put in a single claim to the deposit scheme

* if it is not protected, you use the courts to claim it, plus the 3 times penanly, from the original LL

* Note that  S3 of the Landlord & Tenant Act 1985 makes the original LL legally liable on an ongoing basis if the ownership transfer is not properly notified to you

* your difficulty my be that you have no address for either 'landlord', with which totake legalaction. You could use the property address to serve court papers, and might win a case by default, but enforcement would then be difficult. A solution would be placing a Charge on the property so that you get paid whatever the court awards you if/when the property is sold.

3 Duty to inform tenant of assignment of landlord’s interest.

(1)If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.

(3)A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

[F1(3A)The person who was the landlord under the tenancy immediately before the assignment (“the old landlord”) shall be liable to the tenant in respect of any breach of any covenant, condition or agreement under the tenancy occurring before the end of the relevant period in like manner as if the interest assigned were still vested in him; and where the new landlord is also liable to the tenant in respect of any such breach occurring within that period, he and the old landlord shall be jointly and severally liable in respect of it.

See also

Post 3: Deposits: Payment, Protection and Return.

investin1

Ok as a letting agent and LL

The new landlord should of Issued a section 46 and section 47 notice on you. The first is name and the second is address for service of notice. 

Is there a letting agent you can request under section 1 notice for the landlords address (many agents put their office address) they can’t refuse. 

Check your bank account as to who you are paying and use that name on Facebook to fine them (often works) 

Finally the site you are on is a SCAM! Go to gov.uk and search ‘land registry’ or (can’t post link) buy just the title deed it is £3

greatcrested

investin1 said:

Ok as a letting agent and LL

The new landlord should of Issued a section 46 and section 47 notice on you. The first is name and the second is address for service of notice. 

Is there a letting agent you can request under section 1 notice for the landlords address (many agents put their office address) they can’t refuse. 

Check your bank account as to who you are paying and use that name on Facebook to fine them (often works) 

Finally the site you are on is a SCAM! Go to gov.uk and search ‘land registry’ or (can’t post link) buy just the title deed it is £3

OP does not say he has received any demand for rent (other than presumably at commencement of tenancy) so not sure Ss 46/47 are relevant. S48 is of course.

And I infer from the OP that there is no letting agent (could be wrong of course).

FtbDreaming

When we left our flat years ago we hadnt heard from the landlord in a year or so (we think he was in jail) and had no contact details. We held back the last months rent as deposit or for him to get in touch with us. When we left we just left it tidy as we found it and posted the keys through the letter box. Im sure somebody would have gone to the flat at some point after rent stopped being paid.

If they were that concerned they'd keep an eye on their property. I think they should just count themselves lucky they have decent people in that pay their way and don’t destroy the place. 

macman

As above, just give your notice to the original LL's address. 

getmore4less

The OP is buying a house  needs a quick exit that terminates the tenancy and get their deposit back. 

Any other claim is icing and the should not interfere with the termination on time. 

investin1

Apologies section 47/48 

s.47 is very relevant as it gives name of landlord to follow up (most LLs live close to their rental). 

It’s an offence to not supply S.47/48 prior to a rent demand and has penalty of up to £2,500 if convicted. 

The OP did not mention a letting agent, but sometime do not think or it helps someone else. 

Contact the last LL and they should have details