Letting agent saying I need nothing to prove tenancy has ended

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Letting agent saying I need nothing to prove tenancy has ended

    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?

    #2
    That letting agent needs shooting.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      er yeah... but that's water under the bridge. I inherited the letting agent too.

      Comment


        #4
        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.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          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.

          Comment


            #6
            Until correct notices served on tenant the "old" landlord is still responsible for some things. Details on Shelter's legal website.
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              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.

              Comment


                #8
                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.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  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.
                  My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

                  Comment


                    #10
                    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.

                    Comment

                    Latest Activity

                    Collapse

                    • Reply to Vague behavior from letting agent after being acquired
                      by Ven
                      It's not recognised as business in their database, as when you enter bank details, your bank can look for it and confirm it matches the information the bank have about the sort code and account number. You can still send the money....
                      27-01-2022, 14:45 PM
                    • Vague behavior from letting agent after being acquired
                      by Ven
                      Hello,

                      Question is from tenant, who is renting a room from letting agent.

                      Recently, large estate agent group acquired the letting agent group that I signed a tenancy agreement with.


                      After acquisition, the letting agent informed us by email that the bank...
                      27-01-2022, 11:18 AM
                    • Reply to Vague behavior from letting agent after being acquired
                      by jpkeates
                      If the sort code and account number are not recognised, how have you done a bank transfer?

                      In the meantime, can you pay them by cheque?
                      27-01-2022, 12:38 PM
                    • removal of letting agent
                      by yeahremy
                      Hi,

                      another topic on this but apologies as i cant find my answer on the other ones.
                      My letting agent messed up the check in and check out report. Basically they keep telling me to pay the deposit back without really checking the reports.
                      2y ago I had new tenants who moved in...
                      24-01-2022, 16:12 PM
                    • Reply to removal of letting agent
                      by Lawcruncher
                      If you have a fixed term agreement with the landlord you can only break it as provided in the agreement or if the agent is in serious breach. If the agreement is periodic you can break it by giving the appropriate period of notice. If the agreement is of indefinite duration (for example that it endures...
                      27-01-2022, 11:49 AM
                    • Reply to removal of letting agent
                      by Landyman
                      yeahremy It sounds as though you don't know how to complain effectively.

                      Agents receive many 'complaints' from landlords that are just long and rambling rants about poor service. The agent will generally apologise, say that it won't happen again, and then carry on as normal.

                      ...
                      27-01-2022, 09:10 AM
                    • Reply to removal of letting agent
                      by yeahremy
                      Hi,

                      yes regarding the scheme but as soon as I raise a complaint by email, which party should launch the official complaint procedure.
                      the estate agent is saying I have not requested the complaint form until now.
                      Therefore, question is :when we do raise a complaint, this is...
                      26-01-2022, 15:16 PM
                    • Reply to New agent not paying landlord
                      by DoricPixie
                      I'm not sure I understand. Why would the letting agency want 4 months rent free? Is this one of these arrangements where you let the properties to the letting agency and the letting agency then sub-lets the properties to other people?
                      24-01-2022, 20:43 PM
                    • New agent not paying landlord
                      by Cpark
                      Folks I wonder if anyone can help me here, I have had the worst few years with my properties, the previous agents filled my properties up with delinquents and refused to pay the full sum, we lost 8 months of declining rents. Then was introduced to a new set of agents who really were impressive and opted...
                      24-01-2022, 00:27 AM
                    • Reply to removal of letting agent
                      by Landyman
                      Is this the same agent that you were complaining about in October 2018?

                      https://forums.landlordzone.co.uk/fo...managing-agent

                      I think the replies you received then are still applicable
                      24-01-2022, 18:45 PM
                    Working...
                    X