Common Law Agreement used with Resident Landlord But...

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    Common Law Agreement used with Resident Landlord But...

    Common Law Agreement used with resident landlord, but the 'Landlord' in the agreement was stipulated as a Ltd company, so as the tenant my argument is this ought to have been as AST and deposit protected as such.

    The property I was renting was a single building (barn conversion), that was sub-divided into two separate living units. The landlord occupied one part, but did not live there 'continuously' which could be another factor in law to consider i.e. if the first argument above fails.

    Any input would be appreciated.

    #2
    Presumably you were all smiles when this was presented to you to sign though? Did you have in mind to come back months later to screw some money out of your landlord by claiming otherwise?

    Comment


      #3
      What went wrong? What are your losses? Are you OK hun?

      Comment


        #4
        Agree: "The landlord" (the ltd company) clearly cannot be a resident landlord (a company doesn't live somewhere, albeit there is a registered office). Company is not "an individual..." . See HA 1988 Sch 1(10) words on being a resident landlord.
        http://www.legislation.gov.uk/ukpga/...dent-landlords
        Resident landlords

        10 (1) A tenancy in respect of which the following conditions are fulfilled—

        (a) that the dwelling-house forms part only of a building and, except in a case where the dwelling-house also forms part of a flat, the building is not a purpose-built block of flats; and

        (b) that, subject to Part III of this Schedule, the tenancy was granted by an individual who, at the time when the tenancy was granted, occupied as his only or principal home another dwelling-house which,—

        (i) in the case mentioned in paragraph (a) above, also forms part of the flat; or

        (ii) in any other case, also forms part of the building; and... etc etc etc......
        - that a director or shareholder lives there doesn;t change that (silly landlord, probably trying to fiddle his tax).

        Sue Ltd co for the up to 3xdeposit. Shelter website has how to and draft letter.
        https://england.shelter.org.uk/housi...nsation_claims

        Perhaps point human "landlord" (he's not the landlord) at this thread.

        Have you departed or is there an eviction process underway?
        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


          #5
          Does the ltd actually have any asset to pay any penalty out of?
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          Comment


            #6
            Check with Land Registry ( £3..)
            https://www.gov.uk/search-property-i...-land-registry
            - if the Ltd Co is the registered owner. If so they have assetz big-time!

            If Ltd Co is not owner, perhaps hint to human "landlord" that you feel duty bound to inform HMRC of possible tax-avoidance - but would they like to settle for 3xdeposit...
            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
              Originally posted by KTC View Post
              Does the ltd actually have any asset to pay any penalty out of?
              Based on companies house check - the balance sheets look very healthy indeed !

              Comment


                #8
                Who did you pay rent to?
                What happened to make you fall out?
                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
                  Originally posted by jpkeates View Post
                  Who did you pay rent to?
                  What happened to make you fall out?
                  landlord should blame whoever conducted the checkout and subsequently delivered the report. place was left totally impeccable !
                  we fixed a number of issues ourselves at no-cost during the stay - no appreciation or recognition whatsoever !

                  Comment


                    #10
                    Originally posted by theartfullodger View Post
                    Check with Land Registry ( £3..)
                    https://www.gov.uk/search-property-i...-land-registry
                    - if the Ltd Co is the registered owner. If so they have assetz big-time!

                    If Ltd Co is not owner, perhaps hint to human "landlord" that you feel duty bound to inform HMRC of possible tax-avoidance - but would they like to settle for 3xdeposit...
                    Can I please ask around the mechanics for avoiding tax when the LL is a Ltd company?

                    Comment

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