Named Landlord is not owner- effect on letting's validity?

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  • Named Landlord is not owner- effect on letting's validity?

    Hi,

    Not sure if anyone can help, I am a Tenant on an AST and believed i had an verbal agreement with our landlord to leave the contract early (6weeks before end of a 1 year contract).

    They went back on their word and since then i have found out he is not actually the landlord (he has admitted this to me and another person) despite his name appearing on the contract as the landlord.

    Is our contract legally binding or void as the landlord details are incorrect? The agency also failed to register my deposit (when registered it was again in the name of the wrong landlord) for 2 months after receiving money, is this breaking the law? the deposit remains protected with the wrong landlord details.

  • #2
    Who is the correct landlord?

    Comment


    • #3
      A person who we have never heard of before or mentioned in the contract, the agency after a formal written request gave us his name and address.

      The agency refuse to inform me to how he is related (if at all) to the person who we thought was the landlord (the person whose name appears on the contract).

      Futhermore the agency now appear to be refusing to reply to me, any ideas what i should do?

      Thank you for any help/ideas!

      Comment


      • #4
        Are you asking to leave the contract early? Write to your actual landlord and the agent and see what the response is. If they do not agree to release you, try to use the incorrectly protected deposit as a bargaining tool.

        Comment


        • #5
          The only person empowered to let is the owner who would otherwise be personally entitled to occupy. Anyone else can be appointed to act as his/her agent, professionally or informally, but that is risky. An agent A who fails to disclose the agency (i.e. by act or omission, leads the other party (T) to believe that A is the owner):
          a. is personally bound to comply with all L obligations; and
          b. cannot later deny to T that the Agreement is binding- 'estoppel'- so T can enforce it against A.

          BUT true owner (O) is not bound by A's acts if A is unauthorised and forges O's signature.
          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

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