Rent paid to former landlord after home sold

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    Rent paid to former landlord after home sold

    My now previous landlord advised me in June of this year that he was putting the house in which I rent a flat up for auction. The auction was due to take place in July. At some point we became aware that the property maybe sold via a conventional sale and awaited developments. We continually checked but no auction apeared on the Auctioneers website.

    We heard nothing more until 6th September my husband bumped into one of the gentleman who had previously come to view the property who advised that he would be moving in to the upstairs as a tenant and would be bringing some of his belongings along that evening. Today I by chance formally met my new landlord (I had briefly chatted to him at the viewing) who advised me that the sale had been completed on 28th August.

    My issue is that my rent is paid by standing order on the 1st of the month and as neither my former nor the new landlord had informed me that the property had changed hands my rent went to the previous landlord as usual. Obviously if I'd known about the sale I would have cancelled the standing order.

    Anyway, at my new landlord's request I have contacted my previous landlord about this (I had to leave a voicemail). I don't really anticipate a problem getting the rent (1 month and 2 or 3 day's worth I suppose) from him but should contacting him prove difficult, which it has from time to time, I'd be very grateful if someone could advise whose responsibility it would be to pursue the rent, mine or my new landlord's.

    My new landlord seems like a really nice guy and I wouldn't want us to start off on the wrong foot but I have no intention of chasing my old landlord indefinitely or paying a 2nd lot of rent for this month.

    I'd really appreciate any thoughts that you guys might have.

    #2
    The issue of the rent payments should have been sorted out between vendor and purchaser at the time of sale and will have been accounted for and adjusted accordingly so that the seller has his rent up to the date of sale and the excess passed to the new owner.

    As you now know the property is sold, approach the new owner for details of where to pay the rent.

    Strictly speaking, you dont need to pay until the new owner gives you his details but as soon as he does, any rent due (going back 6 years if need be) becomes immediately payable (a Section 48 matter if I remember correctly)

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      #3
      If you have paid rent after completion to your old landlord that is a problem for your new landlord to sort out. You are entitled to keep paying the old landlord until you receive from the new landlord a letter of authority from the old landlord or his solicitor, or evidence that he is the new landlord. Whatever happens. Do not on any account pay rent for the same period twice.

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        #4
        Originally posted by Bumblebea View Post
        My new landlord seems like a really nice guy and I wouldn't want us to start off on the wrong foot but I have no intention of chasing my old landlord indefinitely or paying a 2nd lot of rent for this month.

        I'd really appreciate any thoughts that you guys might have.
        Tell new L that you await receipt of:
        a. old L's Letter of Authority;
        b. Notice under s.3 of LTA 1985; and
        c. Notice under s.48 of LTA 1987.

        Without these, you should not recognise new L's rights at all- even if he is a nice person.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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          #5
          Hi David - That definitely should have been the case but unfortunately isn't - no idea why they didn't sort that out. I set my new standing order up yesterday when I finally got to talk to the new owner.

          Lawcruncher - I don't actually have any evidence that he's the new landlord except that he let himself into the building with the keys. I'll try and have a diplomatic word with him about it though. I've left a voicemail for the old landlord just to show willing. I'll try him again tomorrow and then on Friday. If I have get no joy then new landlord will have to fight it out with him. i definitely won't be paying rent for that period again.

          Thanks for your time - I really appreciate it.

          Comment


            #6
            Originally posted by Bumblebea View Post
            I don't actually have any evidence that he's the new landlord except that he let himself into the building with the keys.
            See? Read post #4.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Hi Jeffery - my apologies- I could have sworn I had only 2 responses when I replied earlier.

              But anyway, you're right - I need to remember that he's a businessman.

              I'll write something for him over the weekend.

              Thanks for your advice.

              Comment

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