Deposit protection obligation: LPA Receiver or original landlord?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #31
    Originally posted by silvercar View Post
    If the landlord is insolvent, would that make the tenant a creditor?
    Yes, but only an unsecured creditor.
    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


      #32
      Originally posted by westminster View Post
      Very good point; even if LL wanted to protect the deposit, he's prevented from doing so. What a brilliant system! (not)
      Agreed about the "not". However, he could potentially use the DPS - if tenant is still in occupation, provided the DPS don't prevent him from doing so because he'd been barred by Mydeposits or was insolvent. I suppose if he couldn't reprotect elsewhere, he'd have to return it.- but if he is insolvent, he cant.

      Hmmnn what a brilliant system indeed.... (not)
      Last edited by havensRus; 10-11-2009, 19:30 PM. Reason: add info

      Comment


        #33
        Originally posted by SE1 Tenant View Post
        The 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.

        !!
        That is not the case the reciever has to apportion the income in a specific way set out in law, essentially first he has to pay the interest on the loan to the lender, then some other obligations followed by his own costs/fees(which are also set out in law) and if there is still a surplus the remainder back to the mortgagor/LL

        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


          #34
          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


            #35
            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


              #36
              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


                #37
                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


                  #38
                  Originally posted by SE1 Tenant View Post
                  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.
                  They couldn't use a s.21 notice seeking possession, but they could use Ground 2.

                  See http://www.bilberrybloom.com/citizen...1/11050612.htm

                  Comment


                    #39
                    Originally posted by SE1 Tenant View Post
                    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
                    Yes, you can also claim against the LL's agent.

                    Comment


                      #40
                      in similar situation

                      What happened at the end in your case? I am in a similar escenario and i am doing a bit of research on the matter.

                      Did you pursue the receivers for the 3x deposit claim? what has happened since?

                      Any light you could shed on this will be greatly appreciated.

                      Comment

                      Latest Activity

                      Collapse

                      • Reply to Whatever happened to the tidal wave of evictions?
                        by theartfullodger
                        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.
                        21-05-2022, 12:04 PM
                      • Whatever happened to the tidal wave of evictions?
                        by jpkeates
                        The 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...
                        19-05-2022, 10:46 AM
                      • Reply to Ending contracts
                        by theartfullodger
                        Depends 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...
                        21-05-2022, 12:02 PM
                      • Ending contracts
                        by Pineapple288
                        2 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...
                        21-05-2022, 11:59 AM
                      • Reply to Noise from rented property
                        by zcacogp
                        Thanks 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...
                        21-05-2022, 10:50 AM
                      • Noise from rented property
                        by zcacogp
                        Hi,

                        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...
                        18-05-2022, 11:36 AM
                      • Reply to Checks foe a Newbie
                        by boletus
                        List here (I've not checked if it's accurate or up to date e.g EICR);

                        https://forums.moneysavingexpert.com...the-first-time
                        21-05-2022, 10:49 AM
                      • Checks foe a Newbie
                        by AVJ113
                        Hello 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...
                        20-05-2022, 16:33 PM
                      • Reply to Checks foe a Newbie
                        by AVJ113
                        Is 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....
                        21-05-2022, 10:44 AM
                      • Reply to Checks foe a Newbie
                        by Another Fine Mess
                        Fortunately 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...
                        21-05-2022, 10:24 AM
                      Working...
                      X