Deposit protection obligation: LPA Receiver or original landlord?

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  • #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).

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    • #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

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      • #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

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        • #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.

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          • #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.

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            • #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

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              • #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

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                • #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

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                  • #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.

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                    • #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.

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