Originally posted by silvercar
View Post
Deposit protection obligation: LPA Receiver or original landlord?
Collapse
X
-
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).
-
Originally posted by westminster View PostVery good point; even if LL wanted to protect the deposit, he's prevented from doing so. What a brilliant system! (not)
Hmmnn what a brilliant system indeed.... (not)
Comment
-
Originally posted by SE1 Tenant View PostThe LL / agency situation is very different from the LL / LPA Receiver in my view, on the ground that ultimate benefactor of the cash flow generated by the flat/proterty (i.e. the rent) is now the LPA Receiver. This is not the case in a LL / agency situation.
!!
My take on the deposit would be that as the LL cannot protect the deposit he cannot take/hold one so must return it to the tenant, after all the deposit ultimately belongs to the tenant
Comment
-
So, of the LPA Receiver has appointed an Managing Agent (which belongs to the same company as the LPA Receiver) is my counterparty when/if I file a county court claim for depsoit not being protected:
1) LPA Receiver;
2) Managing agent appointed by LPA Receiver;
3) Original Landlord (who holds deposit);
or
4) Any/all of the above?
I have read and read and read but I can still not quite figure this out.
Any info or advice that could shed light of this would be valuable and appreciated. Or if there is a solicitor/legal professional on here that would like talk in/advice private about that I am open for that also as I'm in a catch-22 situation if I can't figure this out as I have a very clear cut case but I don't know who to file the County Court claim against. I've tried a few solicitors but they have not been able to give me a straight answer either.
Comment
-
Another, eh, interesting twist to this is that as my deposit is not protected the LL or LPA-R can not notice me to leave as long as I pay my rent, right?
In that case the LPA-R can't sell the flat which ultimtely he/she is mandated to do to recover the mortgage for the mortgage lender/bank.
So, shouldn't really the LPA-R be responsible for the deposit, after all, as without being in control of, and if it gets unprotected, he/she can not fullfill his/her obligations.
Comment
-
Another thing, again, if now the LPA-R is really acting as an 'agent' to the LL they could still be held liable for the deposit (protecting and returning it) and accordingly I could direct my claim for protecting/returning the depsit and the 3 times deposit on the basis that they are just an 'agent' of the LL.
All according to 212 (9) (a):
(9) In this Chapter—
(a) references to a landlord or landlords in relation to any shorthold tenancy or tenancies include references to a person or persons acting on his or their behalf in relation to the tenancy or tenancies, and
http://www.opsi.gov.uk/ACTS/acts2004...pt6-ch4-l1g212
Comment
-
More discussion and some additional interesting and relevant conclusions and information on this topic on this blog:
http://landlordlaw.blogspot.com/2009...blem-what.html
Comment
-
Originally posted by SE1 Tenant View PostAnother, eh, interesting twist to this is that as my deposit is not protected the LL or LPA-R can not notice me to leave as long as I pay my rent, right?
In that case the LPA-R can't sell the flat which ultimtely he/she is mandated to do to recover the mortgage for the mortgage lender/bank.
See http://www.bilberrybloom.com/citizen...1/11050612.htm
Comment
-
Originally posted by SE1 Tenant View PostAnother thing, again, if now the LPA-R is really acting as an 'agent' to the LL they could still be held liable for the deposit (protecting and returning it) and accordingly I could direct my claim for protecting/returning the depsit and the 3 times deposit on the basis that they are just an 'agent' of the LL.
All according to 212 (9) (a):
(9) In this Chapter—
(a) references to a landlord or landlords in relation to any shorthold tenancy or tenancies include references to a person or persons acting on his or their behalf in relation to the tenancy or tenancies, and
http://www.opsi.gov.uk/ACTS/acts2004...pt6-ch4-l1g212
Comment
Latest Activity
Collapse
-
Many many tenants leave when served s21 , more when court papers served etc etc. Any tidal wave/tsunami may become visible later than now, if at all.
-
Channel: Residential Letting Questions
21-05-2022, 12:04 PM -
-
by jpkeatesThe latest government figures for possession claims have been published, which cover January through March 2022.
That's post Covid restrictions and would probably include most of the last of the Covid backlog.
And there's no sign of the massive wave of evictions and resulting mass...-
Channel: Residential Letting Questions
19-05-2022, 10:46 AM -
-
Reply to Ending contractsDepends on what the agreement you have between you and agent or the terms and conditions they sent you when you started the relationship. Sadly can't read it from here.
See what it says, if you can't find anything ask agent to provide copy of such terms you agreed to.....and how/where...-
Channel: Residential Letting Questions
21-05-2022, 12:02 PM -
-
by Pineapple2882 questions. I rent my BTL property through a letting agent. The current tenant has handed notice in. Am I right in saying I can now leave this letting agent?
Second question, the.reason I'm leaving the agent is because a very good friend of mine would like to rent he property. If she wants...-
Channel: Residential Letting Questions
21-05-2022, 11:59 AM -
-
Reply to Noise from rented propertyby zcacogpThanks for the help everyone. We've made (indirect) contact with the landlord who has been helpful, which is great. The council will be the next port of call if things don't sort themselves out.
Interestingly, the local university (Alma Mater of the students in question) seems to take...-
Channel: Residential Letting Questions
21-05-2022, 10:50 AM -
-
by zcacogpHi,
I have a question to which I suspect I know the answer, but I'll ask it anyway.
We live in a house whose garden backs onto other gardens. One of those houses is let to a group of students.
The students are given to making noise in their garden, particularly...-
Channel: Residential Letting Questions
18-05-2022, 11:36 AM -
-
Reply to Checks foe a Newbieby boletusList here (I've not checked if it's accurate or up to date e.g EICR);
https://forums.moneysavingexpert.com...the-first-time-
Channel: Residential Letting Questions
21-05-2022, 10:49 AM -
-
by AVJ113Hello good people. I am currently in the process of buying my first BTL house. There is already a tenant, so I don't need to find one.
Can any anyone point me to a check list of 'must do legally', and also 'highly advised', please? I 've done my research but there's nothing like hearing...-
Channel: Residential Letting Questions
20-05-2022, 16:33 PM -
-
Reply to Checks foe a Newbieby AVJ113Is there no one here who is prepared to present a list of a landlord's obligations (and highly advisable actions) upon a new tenancy, based on there own experience?
As I said I am already buying a house and there is a tenant in situ....-
Channel: Residential Letting Questions
21-05-2022, 10:44 AM -
-
Reply to Checks foe a NewbieFortunately in the Uk (Scotland may be different) any house purchase is "Subject to Contract" which means that at any time you can change your mind. so if you have second thoughts you can back out.
I would also say that even if you have signed a contract, and before completion, you...-
Channel: Residential Letting Questions
21-05-2022, 10:24 AM -
Comment