Advice needed please

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    Advice needed please

    I currently hold a periodic tenancy agreement for a tenant. The tenant has chose to move out leaving damage above the deposit. The tenancy agreement is through a letting agent however the named landlord is a a LTD company with c/o address as the letting agent. The LTD company is now dissolved. If we had to take it to court would this affect any potential claim for damage with the tenant?

    #2
    How did you come to "hold" the tenancy agreement?
    Are you in any way a party to the agreement?
    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).

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      #3
      Yes I am the landlord

      Comment


        #4
        How are you the landlord if the Landlord is named as someone else?
        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
          the Landlord named on the tenancy is/was my limited company rather than my name personally. it has been an oversight on our part as we dissolved the company in 2017

          Comment


            #6
            In which case, yes that's going to have a significant effect on your claim.
            When the landlord changes, you have to give specific notices to the customer, which you haven't done, from the sound of it.

            So the limited company remained the landlord, and you are, I think, essentially an agent for it.

            You could probably argue that a new tenancy was created if the tenant changed who they pay rent to, but that wouldn't help with a claim for damage.

            I'd probably make the claim anyway, it would be difficult for the tenant to come up with that defence on their own and they might pay.
            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


              #7
              The rent has always been paid via a letting agent. No amendment has ever been made. Call it Ill advise the letting agents we’re aware of the company dissolving also.

              Comment


                #8
                For future reference when a landlord changes (as in the case) notice(s) of s48 & s3 must be served: If not, no rent due (s48) and possible fines/criminal record (s3, sadly rarely enforced).

                Was the property transferred to your good self with land registry? If not it's bona vacantia...
                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


                  #9
                  So I have been the landlord since property was bought in 2016 and was registered to myself and husband not the LTD company. Tenant moved in end of 2016 and I’m not entirely sure how the ltd company ended up on the tenancy agreement so did not actively check this information when the company was dissolved. Obviously I thought we were named personally. Would these notices still need to be served in the above situation?

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                    #10
                    May we have some clarity please between "landlord" and "owner". They are not always the same: Quite common e.g. for "guaranteed rent" schemes to have owner as one person letting to an agent who is then landlord to actual occupants.

                    Are you saying the property has always had you & hubbie as owners with land registry (please confirm/clarify)? If so, fine, you are the owners...

                    But if the AST says landlord is Ltd Co then the landlord is (almost always..) the Ltd co. Was that the case for all of any ASTs for that property/tenant, please?


                    Does/did Ltd co have any interests in any other properties ever, please
                    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


                      #11
                      The notices should have been served in order for you and your husband (or just one of you) became the landlord.

                      If you sue the tenant for your loss, they might (if they are smart) point out that you aren't technically the landlord or that (if they are really smart) that the damage all occurred while the company was the landlord.
                      Either might be enough the muddy the water.

                      Who protected the deposit, you or the company?
                      When did you start telling HMRC that the income was yours not the company's?
                      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
                        Yes we have always been named on the land registry since we bought it.

                        there was only one AST produced which named the limited company as the landlord. No other documents were exchanged with the tenant

                        Ltd company had no other interests in any other property.

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                          #13
                          The letting agent has protected the deposit under their name

                          Comment


                            #14
                            Did you instruct agent to have ltd co named as landlord please?
                            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


                              #15
                              Possibly I don’t recall as it was a few years ago

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