Rental Deposit Scheme if Landlord changes

JamboJambo

My son has been renting through a property agency /estate agent and his deposit in a recognised scheme.

He was recently evicted - a no fault eviction - because the landlord/property owner wanted to sell the property.

He complied with this snd left the property in very good order, usual ware and tear you’d expect after two years.

He has now asked for his deposit back, he has had to chase the estate agent several times, and hw has been told the new owners are considering the deductions.

is this legal. My son’s contract was with the old landlord and if he no longer owns the property and doesn’t have any interest in deductions, can the new owners ask for some?

Has anybody seen this situation before?

thanks

canaldumidi

When the property was sold, the new owner became your son's landlord and took on all the responsibilities of the old LL - including returning the deposit.

By law, the new owner should have written to your son.

Landlord & Tenant Act 1985 section 3.

As for deductions, if your son feels they are not justified,put in a claim tothe deposit scheme for the return of the full deposit, or if the LL has actually declared he intends tomake deductions, put in a claim for arbitration by the scheme.

MaryNB

Don't bother any more with the letting agent. Tell your son to request it directly from the deposit protection scheme where it was protected. 

MaryNB

canaldumidi said:

When the property was sold, the new owner became your son's landlord and took on all the responsibilities of the old LL - including returning the deposit.

By law, the new owner should have written to your son.

Landlord & Tenant Act 1985 section 3.

As for deductions, if your son feels they are not justified,put in a claim tothe deposit scheme for the return of the full deposit, or if the LL has actually declared he intends tomake deductions, put in a claim for arbitration by the scheme.

I took it that he moved out for the house to be sold so he no longer a tenant when the new owners completed on the property.

canaldumidi

MaryNB said:

canaldumidi said:

When the property was sold, the new owner became your son's landlord and took on all the responsibilities of the old LL - including returning the deposit.

By law, the new owner should have written to your son.

Landlord & Tenant Act 1985 section 3.

As for deductions, if your son feels they are not justified,put in a claim tothe deposit scheme for the return of the full deposit, or if the LL has actually declared he intends tomake deductions, put in a claim for arbitration by the scheme.

I took it that he moved out for the house to be sold so he no longer a tenant when the new owners completed on the property.

Possibly, though not sure what the new owners have to do with the tenancy in that case:

and hw has been told the new owners are considering the deductions.

theartfullodger

JamboJambo said:

My son has been renting through a property agency /estate agent and his deposit in a recognised scheme.

He was recently evicted - a no fault eviction - because the landlord/property owner wanted to sell the property.

He complied with this snd left the property in very good order, usual ware and tear you’d expect after two years.

He has now asked for his deposit back, he has had to chase the estate agent several times, and hw has been told the new owners are considering the deductions.

is this legal. My son’s contract was with the old landlord and if he no longer owns the property and doesn’t have any interest in deductions, can the new owners ask for some?

Has anybody seen this situation before?

thanks

Is the perhaps Scotland /??   _ Given your name??

Laws are different.there

Shame he moved out, he didn't have to, whatever notice he was given did not compel him to move out.

(Assuming England) He may be able to sue both "old" & "new" landlord... I'd start with doing just that, as regards deposit.

Did he receive infor from both landlords ( BOTH !) about protection of deposit?  A penalty from each landlord of up to 3xdeposit if not protected properly. See 
https://england.shelter.org.uk/professional_resources/legal/costs_of_renting/tenancy_deposits/tenancy_deposit_protection_when_a_landlord_changes

TripleH

The new landlord may well have difficulty arguing 'any damage they find' is not just reasonable wear and tear or know their rights and responsibilities.

Tell your son to claim his deposit first from the scheme (see who returns it first before pursuing other options).