Messy Landlords divorcing, who do pay rent to?

pitkin2020

AdrianC said:

So long as you can prove you've paid the rent to one of the jointly-named landlords on your tenancy, I can't see there being any comeback against you.

It's a dispute between them. And it's really NOT your problem.

Thats what im thinking, but better to be on the side of the person actually going to be keeping the property lol

ChewyyBacca said:

Hannimal said:

Bloody hell. Can you move out? Sorry you're having to deal with that

Well thats not a solution, moving out.  OP has been in the same property for 8 years, clearly they have made their life there. the situation, It is messy indeed.
OP wait for them to show you court docs. Take it in writing everything, where the rent should be.
If need be mark emails to both, after you had conversation with one or both, and re confirm in written what was discussed. If they are on the same page, great, if not, you can delay payment

no moving isnt an option, it was actually 2008 we moved here my wife just reminded me lol.
Its messy as hell, both apologetic for putting us in the middle but both still wanting payment.
This months rent has gone, so think its only going to be the next payment thats going to be the issue and hopefully thats the last one that will ever be in dispute grrr

Morbier

If I were in your position, I would want a document, detailing the account name and number (plus start date) of where the rent was to be paid, signed by both of them.
Wouldn't you need a new tenancy agreement, if the landlord has changed?
Don't care if this is a step too far, would make me happier about eliminating any chance of a come-back!

theoretica

I would be inclined to firmly point out how difficult a position they are putting you in - their disagreement should not become your problem.

pitkin2020

its put us in a real crap position and either way we end up being in the wrong or on the wrong side hence why im tempted to just withhold the rent until i can definite answer.

DCFC79

Do you still have the text he sent you asking to change the account you pay the money into ?

Morbier

pitkin2020 said:

its put us in a real crap position and either way we end up being in the wrong or on the wrong side hence why im tempted to just withhold the rent until i can definite answer.

You have the upper hand at the moment. Do not stop paying rent!  It puts you in a precarious position. 

You are not 'in the wrong'. You are a responsible tenant and you are paying your rent.  Until you are formally (in writing) notified of a change in landlord, carry on as normal. As you say, it's their problem to sort out, not yours.

pitkin2020

DCFC79 said:

Do you still have the text he sent you asking to change the account you pay the money into ?

yes it was just a casual text though asking if any issues at the property, then about having account problems so could i change bank account (sep 2018).  3 months later MRS asked me to change to her account, so again i did (dec 2018), MR contacted me in Dec 18 again to say not to change it as a court order was in place so i changed it back first i knew they were splitting up.
Been a few tries to change it to MRS during 2019 but then all quiet till now.  Now its sort of been finalised she will take full control of the property she wants to be paid

greatcrested

The Landlord & Tenant Act 1985    says:

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.

(2)If trustees consititute the new landlord, a collective description of the trustes as the trustees of the trust in question may be given as the name of the landlord, and where such a collective description is given—

(a)the address of the new landlord may be given as the address from which the affairs of the trust are conducted, and

(b)a change in the persons who are for the time being the trustees of the trust shall not be treated as an assignment of the interest of the landlord.

(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.

In this case, the last documented 'landlord' seems to have been Mr & Mrs jointly. Unles and until the clause above is implemented that remains the case.

So your obligation is topay one or other or both (ie via a joint account) and provided you do that you are not in arrears.

In practical terms, of course you are in the middle of a marital dispute. I would write a letter sent to the address provided "for serving ofnotices on the landlord" (reqauired by law forofficial communication).

I would send two copies, one addressed to each of them.

For the avoidance of doubt, if you have any other address (eg one of them has moved and you know where) or if you have email address, I'd send copies there as well.

Explain your dilemma, and request a single letter signed by them both advising you who/where topay your rent. Advise them that until this is received, you will set the rent aside ready to pay as soon as you receive a clear instruction.

steampowered

The first thing is to find a copy of your tenancy agreement and check what it says about payment of rent.

If the tenancy agreement is clear about where you should pay rent, I would continue paying rent in accordance with the agreement.

If the tenancy agreement is not clear, I would be tempted to hold onto the rent and put it to one side, until both Mr & Mrs confirm in an email where the rent should paid. Tell both parties in the same email (copying both) that this is what you are doing and that you will pay the rent immediately as soon as they jointly confirm where it should be paid. Say that you cannot be held responsible for paying rent to the wrong person, and you are not involved with the court process so do not know who is correct.

greatcrested

steampowered said:

The first thing is to find a copy of your tenancy agreement and check what it says about payment of rent.

If the tenancy agreement is clear about where you should pay rent, I would continue paying rent in accordance with the agreement.
Agree
If the tenancy agreement is not clear, I would be tempted to hold onto the rent and put it to one side, until both Mr & Mrs confirm in an email where the rent should paid.

Dubious. Which of their email addresses will you receive this from? It willnot resolve the issue.

Ask for it in writing with two signitures.

Tell both parties in the same email (copying both) that this is what you are doing and that you will pay the rent immediately as soon as they jointly confirm where it should be paid. Say that you cannot be held responsible for paying rent to the wrong person, and you are not involved with the court process so do not know who is correct.

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