Dissolved Limited Company Used by Letting Agent

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    Dissolved Limited Company Used by Letting Agent

    Afternoon All,
    Signed up as I found a similar thread here to my issue. I was hoping to hear what people think whilst I seek advice through Citizen Advice Beau / Shelter.
    (there's a bit of history but the very specific thing I've just noticed is what I'm after thoughts on)

    Basically I'm at the stage where the letting agent (my current) is debating accepting my request for compensation as he didn't cover my deposit in the first flat - He has subsiquently given me an eviction notice of a month.

    What I've noticed is that the limited company on the tenancy for the first (and current flat) was dissolved over a year ago before i moved into the first flat. And the person who signed the contract is not listed for that company. Does thsi invalidate both/one or the other, contracts? I have however paid my rent to another limited company that has both people listed on it but this company isnt mentioned ont he tenancy. IF it makes any difference, the dissolved company and lack of DSP was the same for several other tennents.

    Thanks for taking the time to look,
    Richard

    #2
    What matters is who entered the tenancy contract with you.

    It sounds as though this is an HMO of the shared tenant type, and the only safe way of changing shared tenants is to terminate the original tenancy completely, and start with a new tenancy with the new tenants.

    In any case, if the company was dissolved the tenancy would have been sold off to someone or distributed to the shareholders. It wouldn't just disappear.

    Comment


      #3
      Thank you for taking the time to give some feedback.

      Forgive me if I'm being a bit thick here but what do you mean what matters is who entered into the tenancy contract with me? Err, the tenancy agreement for the old and current flat are the dissolved limited company. And me, that's it. The old flat has the name of the letting agent listed on it though this person wasn't registerd against that limited company. There is a new limited company - The one I've been paying rent to since Day 1 which has both people on it (father and son).

      Maybe I have the wrong idea as I thought there would be a legal requirement to ensure that any company used on a contract had to be active. And I was wondering how this could impact my DSP claim and any attempt they have to evict me due to the inaccurate info?

      Thanks again, I have blitzted the net so I'm now worryingly too knowledagable on Section 8s and 21s

      As a note, I am fully paid up on all rents. The letting agent gave me an eviction notice on receiving the legal letter for deposit claiming he didnt know i had a cat here despite having lived in his properties for several months and him confirming via whatsapp - I would happily argue that part in court.

      Comment


        #4
        Firstly you are confusing a contract with a piece of paper that documents it.

        As I read it, there was was a tenancy entered into for the property more than two years before you moved in, which was documented on paper. "Moved in" implies that you replaced an existing tenant. Doing such is quite difficult to do right, but what is likely to have happened is that you actually became a sub-tenant of one of the previous tenants, and contracted, with them, to pay the rent direct to their landlord.

        At some point between when the original tenancy was created and you moved in, there was a change of landlord, and proper notice of that change of landlord was given.

        If you didn't replace an existing tenant, please explain more carefully why you used the expression "moved in".

        A limited company can only enter into a contract if it is active. However, once it has entered into a contract, that contract can be transferred, without the need to re-issue the original paperwork.

        Also, tenancies for an initial term of less than three years don't require any paperwork at all.

        Incidentally, if you did take over from an existing (joint) tenant, you may have bought the right to the return of part of the original deposit, from the original tenant, not actually paid a deposit to the landlord.

        As I noted originally, the only safe way of swapping out a tenant is to surrender the original tenancy and start a new one, but many people try to avoid that.

        Comment


          #5
          Sorry, yes I seem to have confused matters a bit. Hope this clarifies.

          I rented a room in flat 1 last year - The tenancy was between me; the letting agent company was listed, and it was signed by the son of the person who was listed as the Director of the limited company. In the last few weeks whilst researching I realised the company listed on my tenancy wasn't active at the time, and had been dissolved over a year ago.
          Theere were other tennents (2 other bedrooms) in the property who had seperate tenancy agreements with the same dissolved limited company mentioned.

          A different limited company was given for payments which does list the person who signed my tenancy agreement but where this limited company isn't mentioned anywhere in my tenancy

          No one in Flat 1 had their deposit covered.

          I moved into the 2nd flat (where I am now) this year, also operated by the same person. I signed a new tenancy contract for this room, again the contract lists the same limted company that I already confirmed was dissolved.
          No one in Flat 2 has their deposit covered except me as the landlord setup my deposit when he realised i was aware of the failure - THough hasn't sent me the presribed informaiton.

          A limited company can only enter into a contract if it is active.
          - Thank you as this was my thinking too. What are the implications then if its entered into multiple contracts (at least several tenancies, at least 5 are current/active) whilst the company was clearly not active and hadn't been for such a long period?
          - I guess maybe the main difference here to some of the other threads is that the company was dissolved well before either tenancy was signed rather then being dissolved mid-tenancy.

          Comment


            #6
            Think I made a mistake when posting a reply. Sorry too for the confusion.
            Flat 1 was an AST that I moved into last year with a tenancy agreement for the room rented between me and a limited company that (I now realise) had been dissolved a year earlier. The contract was also signed by someone not listed against the letting company referenced.
            There were 2 other rooms rented by people between them and the landlord.
            No one had their deposit covered.

            The 2nd flat I moved into this year - same letting agent, same inactive limited company referened on tenancy.
            I do now have a deposit covered here as the letting agent did this when he realised i was starting legal steps for the other flat. No other presribed info though.
            And no one else here with deposit.

            So I'm wondering what (if any) implications can be caused when the limited company referenced on a tenancy isnt (and never was for the period of the tenancy) active?
            Sorry again for the confusion.Fair bit of stress with him trying to kick me out.

            Comment


              #7
              Your landlord is whoever is named as the landlord on the tenancy agreement (or who you pay rent to if there's no written agreement).

              In this case, it sounds like your landlord is a company and it's one that no longer exists.
              However, that doesn't mean that the tenancy agreement isn't valid, it could be a simple mistake.

              What does matter is the name of the landlord on the notice you've been given.
              If it's not the same as the landlord's name on the agreement, that would make the notice invalid.

              The notice almost certainly isn't valid, there's no valid notice a landlord can give an AST tenant that's less than two months.
              No landlord's notice can't end your tenancy, and there's no way a court will escalate an invalid notice and award the landlord possession.
              And any court hearing would be months away.

              You have every right to remain in the property until a court orders you to leave (although when you finally lose, you'll have to pay between 3 and 4 hundred pounds in legal fees).

              You're obviously reliant on the landlord not taking matters into their own hands, which would be illegal (but it happens).
              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


                #8
                It is unclear to me if this "limited company" is the agency or the landlord

                Comment


                  #9
                  Originally posted by MdeB View Post
                  It is unclear to me if this "limited company" is the agency or the landlord
                  Afternoon, the limited company is the Letting Agency. Landlord isn't involved in this discussion at all. Purely me and the Letting Agent.

                  Comment


                    #10
                    Assuming the letting agent wasn't actually a sub-landlord, and therefore your landlord, I would have thought that the only one with any claim in this situation was your landlord, and his acting as though tenancy existed, by collecting rent, has confirmed the tenancy even if the agent was not legal person at the time.

                    Comment


                      #11
                      The agent acts for the landlord, so the notice comes from the landlord (even if the agent creates it and signs it).

                      You can only realistically claim compensation for the agent not protecting the deposit if you suffered a loss as a consequence, which seems unlikely.

                      The business name of the agent is probably irrelevant for a tenancy agreement because they're not a party to the contract (which is between the landlord and the tenant).
                      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


                        #12
                        Originally posted by jpkeates View Post
                        You can only realistically claim compensation for the agent not protecting the deposit if you suffered a loss as a consequence, which seems unlikely.
                        Err, the standard deposit non-protection penalty under the Housing Act 2004?
                        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.

                        I do not answer questions through private messages which should be posted publicly on the forum.

                        Comment


                          #13
                          Originally posted by jpkeates View Post
                          The business name of the agent is probably irrelevant for a tenancy agreement because they're not a party to the contract (which is between the landlord and the tenant).
                          Hi, sorry if I've confused matters here but the tenancy is between me (the tenant) and the Letting Agent (acting as/on behalf of the landlord.) I don't believe the landlord/owner of the property has any involvement here? I'm unsure who or what entity this is even? Which is why I thought the person signing the tenancy should be an active person (letting Agent) listed on an active limited company.

                          In reference to another point - I don't believe incurred damage is a requirement for compensation when the deposit has not been covered.It's more open and shut than that and then allows for discretion of courts within a 1-3 payment framework

                          Comment


                            #14
                            Originally posted by KTC View Post

                            Err, the standard deposit non-protection penalty under the Housing Act 2004?
                            I think I have a similar view as you and if a failure has been proven it's 1-3x depending on courts discretion/evidence around the history of the issue? And any further failures - This letting agent hasn't covered at least 5 other deposits.

                            Comment


                              #15
                              Originally posted by RIchardOB View Post
                              Hi, sorry if I've confused matters here but the tenancy is between me (the tenant) and the Letting Agent (acting as/on behalf of the landlord.) I don't believe the landlord/owner of the property has any involvement here?
                              I am a little confused over your statements.

                              You have a tenancy and a tenancy agreement.
                              The landlord everyone is interested in is the landlord as named on your tenancy agreement.

                              Comment

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