Dissolved Limited Company Used by Letting Agent

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    #16
    Sometimes letting agents don't act as agents but become tenants and then sub-let. In that case the landlord is the letting agent.

    However, if they act as an agent, although they might but the signature on the contract, the contract is with their principal, the landlord.

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      #17
      Originally posted by KTC View Post
      Err, the standard deposit non-protection penalty under the Housing Act 2004?
      That's not compensation, though.

      The most realistic person to sue for the penalty is the landlord, not the ever changing company.
      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


        #18
        If someone is trading in the name of a non-existent company, without double checking company laws, I would assume that the person is personally liable for all actions conducted in the name of the company.

        If they're the person that appears to hold the deposit, which would be the case if that's the person the OP paid the money to and have always dealt with with no involvement of the actual landlord, then you sue the agent for the penalty because the associated remedy of an order returning the deposit is directed at the person who appears to hold the deposit.
        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


          #19
          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?
          Who is listed on the tenancy agreement as the landlord?

          In any case, either the "letting agent" is actually your landlord in some form of rent-to-rent scheme, or they are acting for the landlord in which case their action (generally) bound the landlord.
          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

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