Letting Agents withheld L's name/address beyond 21 days

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

  • Letting Agents withheld L's name/address beyond 21 days

    Hello,

    First time on the forum. I am looking for some advice on my options after my estate agents failed to provide me with my landlord's name and address well after the 21 day legal requirement.

    Once I challenged them on this they reluctantly passed on the details via e-mail, however I believe the address is actually fake.

    Please advise on my options with regards to possibly suing them - I have never done anything like this before, so I don't know where to begin or how much it would cost, or if it is a cut and dry case.

    Any help would be greatly received.

    Thanks so much,

    Jim

  • #2
    Do you know the address is fake?

    Have you suffered any loss by reason of the agent's default? If not, you have nothing to sue for.

    Failure to supply an address is though a criminal offence. If it has actually been supplied I cannot imagine that the powers that be will be interested.

    Comment


    • #3
      Originally posted by harrylime View Post
      Hello,

      First time on the forum. I am looking for some advice on my options after my estate agents failed to provide me with my landlord's name and address well after the 21 day legal requirement.

      Once I challenged them on this they reluctantly passed on the details via e-mail, however I believe the address is actually fake.
      Have you tried writing to the landlord or checked the land registry online?

      Please advise on my options with regards to possibly suing them - I have never done anything like this before, so I don't know where to begin or how much it would cost, or if it is a cut and dry case.
      If you mean bring a civil claim against the agent under s.1 Landlord & Tenant Act 1985, then forget it, unless you have suffered a significant loss as a result of being provided with a false name/address (which is unlikely) and can provide evidence to support your claim. No actual loss, no compensation.

      If you have evidence that the landlord's name/address provided is fake such as a letter to him returned to you marked 'not known at this address', then report to the police. The maximum fine for failing to comply with s.1 is £2,500.

      Comment


      • #4
        I haven't checked the land registry online as I have a sneaking suspicion that the landlord's name will be linked to the house that I rented. I believe that's a loophole that some landlords use to cover their own backs and keep amininity.

        I am about 90% sure the address is fake - I will however attempt to write a letter on Monday and see if it reaches him.

        I asked for the landlord's name and address as I am in dispute of the tenancy deposit and I wish to negotiate directly with the landlord instead over the agent, as the agent I believe is not passing on my messages to the landlord.

        There's a lot more to the story too. The estate agents are attempting to take money from me for damage to the property that I am convinced has not been caused, so I wish to bring this up directly with the landlord.

        Even though it's not really any of my concern now that I'm about to end my tenancy but I also believe the estate agents have failed to pass on a "schedule of works" deemed by the council upon a visited I requested to repair the property so it met fire and safety regulations.

        I believe the agent has simply put that letter in the trash, and I don't believe the council ever e-mailed it to the landlord, as would be the practice I believe at other districts.

        I honestly believe the landlord has never seen this and I am desperate to get the document to him.

        I'm not really looking for any compensation, I just want the agent to be punished for their continous breakings of the law (5 or 6 since I rented the property).

        Comment


        • #5
          Originally posted by harrylime View Post
          I asked for the landlord's name and address as I am in dispute of the tenancy deposit and I wish to negotiate directly with the landlord instead over the agent, as the agent I believe is not passing on my messages to the landlord.

          There's a lot more to the story too. The estate agents are attempting to take money from me for damage to the property that I am convinced has not been caused, so I wish to bring this up directly with the landlord.
          I understand your concerns, and as a LL I would want to know if my agent was not contacting me regarding such issues, but remember the agent acts on behalf of the landlord, and also that the dispute can ultimately be resolved either via deposit scheme adjudication or the courts.

          The deposit is your money unless the LL can prove he is entitled to make deductions - i.e. he will need evidence of the original condition of the property, usually in the form of a check-in inventory, as well as evidence of damage/cost of deductions.

          Comment


          • #6
            Is lLL entitled to deduct rent arrears from deposit?

            Comment


            • #7
              Originally posted by Butterfly3 View Post
              Is lLL entitled to deduct rent arrears from deposit?
              Why ask this question here and then post it on another thread?
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

              Comment


              • #8
                If its over the return of a deposit, if you paid it to an agent, that's who you should go for, In order to force the issue I would write to the agents saying that unless you receive your deposit back within 7 days you will go to the local "Small Claims Court" and start proceedings for the return of your deposit, together with interest backdated to when you were originally asked for it back, plus costs. And unless the law has changed business which take deposits used to have a licence to take deposits from the Office of Trading Standards, I would make a complaint to them as to refuse to return money which you are entitled to could be a trading standard offence. Anyway faced with court action it will certainly clarify their mind into action. Best of luck. PS If you go to court consult a solicitor, Which magazine did a good book on taking people to court.

                Comment

                Latest Activity

                Collapse

                • Help re flatsharing legal position!
                  CatherineCarr
                  Hello, I moved into a friend's flat when she moved out of London last year. It was agreed that I would pay market rate, would not need to pay a deposit, be able to bring various items into the flat, work from home, have a certain amount of storage etc.etc. I was also to share with my friend's then...
                  24-07-2017, 13:18 PM
                • Reply to Help re flatsharing legal position!
                  Wright76
                  I think your friend Emma sounds like a bit of a plonker to be honest and I'd let her get on and deal with the problematic tenant herself.

                  Any landlord that allows a tenant to withhold rent and then support them in such a way sadly deserves what's coming.

                  Unfortunately for...
                  24-07-2017, 22:36 PM
                • Structuring a deal - Purchase Option/Overage Agreement?
                  pdmalik
                  Hello,

                  There is a derelict property with good potential in my area. The owner tried to sell it in a local auction few years back and did not get what he wanted (actually did but got greedy). Now he can even sell it for cheaper than what he was getting in the auction. Property has good potential...
                  23-07-2017, 16:52 PM
                • Reply to Structuring a deal - Purchase Option/Overage Agreement?
                  wfd_property
                  So you are wanting to act as the owners agent, submit the outline planning agreement, represent the property at the national auction?

                  Surely he simply signs to confirm agreed disbursements and your commission percentage?

                  Are you able to say which university city this is?...
                  24-07-2017, 22:25 PM
                • Tenants want to buy, advice needed
                  Manchesterlandlord
                  hi there

                  had tenants in a property for 4 years. Looking at selling the property for various reasons and they are interested in buying but need more time to get a deposit together. Has anyone ever set up a deal like the rent to buy schemes you used to get with new builds?

                  t...
                  24-07-2017, 19:54 PM
                • Reply to Tenants want to buy, advice needed
                  wfd_property
                  Do they have a mortgage in principle? Will they show you bank statements / letters from parents to confirm that deposit is almost there?...
                  24-07-2017, 22:21 PM
                • Reply to Tenants want to buy, advice needed
                  KTC
                  "More time" - days, weeks, months, years?

                  Can you wait that time? How long would it take you to evict to sell with vacant possession? How much of a possible hit would you need to take to sell with tenant in place?
                  24-07-2017, 21:44 PM
                • Freeholder Scaffolding Over My Flat
                  Jcg76
                  I have a leasehold studio flat with a garden in London that I rent out to tenants.
                  Recently, the freeholder gave me three days notice that he was extending part of the building my flat is joined to and he would need to put scaffolding on my flat roof and in my garden. I immediately objected saying...
                  24-07-2017, 21:20 PM
                • Reply to Tenants want to buy, advice needed
                  nukecad
                  At the moment you they pay rent and it's your property.

                  With rent-to-buy you are proposing that they agree, in principle, to buy the property off you after a certain time for a price agreed now.
                  And at the end of that time they can still walk away without buying.

                  In the...
                  24-07-2017, 20:56 PM
                • Reply to Tenants want to buy, advice needed
                  jpkeates
                  Just rent to them while they buy it and sell it to them as though they weren't tenants.
                  Anything else is fraught.

                  When the sale completes, they'll be their own landlord - so the lease will be academic.
                  Give them the deposit back and you're done....
                  24-07-2017, 20:28 PM
                Working...
                X