Letting agent saying I need nothing to prove tenancy has ended

[tatemono]

Inherited property has sold with a tenant in it. The tenant was a longstanding tenant (10 years plus) on an AST that had gone periodic. The deposit was registered with TDS.

I asked my conveyancing solicitor what we needed to prove tenancy had ended. She said that the agents should do a transfer of tenancy. I'd never heard of that so wrote to the agents to ask them to do that. They said all was in hand.

The sale has gone through and we've received the cash from it. However, the agents have basically said that now that the house has sold and the new owners have the tenant, there's no paperwork they need to give us anymore. However, I can see that the deposit is still registered as being at TDS (in the name of our late mum's estate) and my concern is that technically the tenancy is still in place. I don't want any of this coming back to bite us at any point in the future.

What would you advise?

[theartfullodger]

That letting agent needs shooting.

[tatemono]

er yeah... but that's water under the bridge. I inherited the letting agent too.

[jpkeates]

When the property sale completed, the purchaser inherited the tenancy, so it didn't end, it has continued with the purchaser as the landlord.

You should probably write to the tenant to confirm that, in case the purchaser doesn't.

The conveyancer should ideally have sorted the deposit out as part of the transaction (although this doesn't seem to be part of the process, because this kind of query seems to be quite common).
The purchaser has inherited the liability to return the deposit to the tenant and needs to protect it, because they "received" it when they acquired the property (as far as I can tell).

But, basically, the tenancy is definitely still in place, but the landlord isn't whoever it was before.

[tatemono]

thanks for that jpkeates. So, I'll write to the tenant informing him that our mother is no longer his landlord.

My main concern is that the deposit is still on TDS registered with my mother listed as "Landlord". I've asked the agent to modify that field and add the new landlord's details. I've also asked them if they can send us a headed letter that states that the contract they had with my mother has been terminated. Let's see what they say.

[theartfullodger]

Until correct notices served on tenant the "old" landlord is still responsible for some things. Details on Shelter's legal website.

[tatemono]

any chance you've got a link? I had a look but didn't see anything at all. Instead, elsewhere, I found that the notices should be served not by the vendor but by the new landlord.

[jpkeates]

The new landlord has to serve notice to the tenant, the outgoing landlord can do so, and probably should, but it's really only a courtesy, but it will help the tenant if the new landlord doesn't do what they're meant to.

[landlord-man]

Was the Deposit registered in your late moms name or the LAs ?

If your late moms name then perhaps only her estate can release it - and DPS may want all sorts of proof first.

And if it's in your late moms name, I shouldnt think anyone else could get it released.

Then, the Tenancy is now with the new LL - who wont have the benefit of a Deposit if it is returned to the Tenant.

[tatemono]

It was done by the LA in our mother's name. That's standard for LAs managing deposits by the way.

I don't want the deposit released. I simply want the name changed to the new LL's name. The new LL has paid the value of the deposit anyway so by rights it should be in their name.