Help, my landlord says I owe rent.

guaco120

Hi everyone,

In my current tenancy (due to end very soon) the flat was bought by a new landlord, and he is saying that the rental payment, which we paid to our old landlord in February, was supposed to be sent to him, even though we were not notified that he was the new landlord until after the rent payment date. Now he is threatening to withhold some of the deposit, unless this money is paid. 

Is he able to do this, and is there anything which I can do?

moneysavinghero

Tell him to speak to the old landlord if he wants that money. Also tell him that any deductions from the deposit will be challenged with the deposit scheme and he will lose.

[Deleted User]

I echo the previous comment. If you weren't notified until after the rent payment date, his issue is with the previous landlord and their arrangement.  It sounds like a threat to get more money out of you.

Was your deposit protected? Just reply clearly saying you weren't made aware, and any claims from the deposit will have to be done through the protected scheme and you will challenge them. 

If you need any further help try Acorn, the renters union. They have some facebook groups which are great for advice. 

moneysavinghero

LL also possibly has committed a criminal offence faces a massive fine if he has not let you know he was the new LL soon enough. Do you know the exact date he became LL?

theartfullodger

Was deposit properly protected by both old and new owner?  If not can sue either/both for up to 3x deposit.

Did new owner serve s48 and s3 notice(s), with both an address to serve notices on him in England or Wales plus his actual address, wherever in the world?  If no no rent due (!) and possible fines and criminal records.

He's wrong anyway something like Lawof Property Act 1925 section?? says new owner takes on benefits and liabilities of old landlord.

He's probably never heard of it.  Will check details later (out walking).

guaco120

theartfullodger said:

Was deposit properly protected by both old and new owner?  If not can sue either/both for up to 3x deposit.

Did new owner serve s48 and s3 notice(s), with both an address to serve notices on him in England or Wales plus his actual address, wherever in the world?  If no no rent due (!) and possible fines and criminal records.

He's wrong anyway something like Lawof Property Act 1925 section?? says new owner takes on benefits and liabilities of old landlord.

He's probably never heard of it.  Will check details later (out walking).

He didn't, serve any S48 or S3 notice, thanks so much.

guaco120

moneysavinghero said:

LL also possibly has committed a criminal offence faces a massive fine if he has not let you know he was the new LL soon enough. Do you know the exact date he became LL?

No I don't 

justworriedabit

guaco120 said:

Hi everyone,

In my current tenancy (due to end very soon) the flat was bought by a new landlord, and he is saying that the rental payment, which we paid to our old landlord in February, was supposed to be sent to him, even though we were not notified that he was the new landlord until after the rent payment date. Now he is threatening to withhold some of the deposit, unless this money is paid. 

Is he able to do this, and is there anything which I can do?

Hi OP
When was the completion and were you aware of this?
If so, did you ask (not your job I know)  when you will send rent to new LL?
Were solictors not used?
The alleged threats, are they written, voice call, voice message,email ie recorded if not - not matter what anyone states it will be your word against theirs.
Speak with the new LL, should him/her the evidence and remind them you got no notification and your orders were were dd etc .

How much is in dispute?

justworriedabit

moneysavinghero said:

LL also possibly has committed a criminal offence faces a massive fine if he has not let you know he was the new LL soon enough. Do you know the exact date he became LL?

How would the T prove that?

moneysavinghero

justworriedabit said:

moneysavinghero said:

LL also possibly has committed a criminal offence faces a massive fine if he has not let you know he was the new LL soon enough. Do you know the exact date he became LL?

How would the T prove that?

Hard to prove the absence of something. That would be for the courts to decide. Up to the new LL to decide if he wants to fake a letter and risk being found guilty of attempting to pervert the course of justice.

Tenant showing the court that he has paid the old LL the rent would make it seem likely that he had not received notification of a new LL.

theartfullodger

It's s.3 Landlord and Tenant (Covenants) Act 1995 says new landlord takes on benefits and liabilities of old landlord.

And re s3 notices see... not same act..

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

###

Requirements when change of landlord

If there is a change of landlord, the new landlord must provide the tenant with her/his name and address in writing:[8]

• within two months after the transfer of interest in the property, or
• no later then the next day that rent is payable, where this is more than two months after the transfer.

If this is not complied with, the old landlord will remain liable for any breach of the tenancy agreement until either they or the new landlord provides the tenant with the new landlord's name and address.

If the new landlord does not comply they can also be prosecuted by the local authority and a fine of up to £2,500 can be imposed in the magistrates court.[9]

####

- also means criminal record, sadly rarely enforced