Ex Landlord ran off with my deposit - bailiffs cant find him! Help!

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    #16
    Originally posted by Minky View Post
    Well the thing is - the contract I signed was with a company as the company address was used as the contact address, and any problems were addressed through the office, although lettings isn't their primary business, other types of contract lease stuff is. The company is in a very healthy financial state. What I cannot deduce is whether the money I paid as deposit went 'through' the company or individual also named on the contract.

    I have checked the land registry, but he does not own the property I rented, I believe it is his business partner, so no address to chase there. I believe I do know where he lives, and the land registry confirms he owns the house, and he is registered there for council tax, however when the bailiffs went there (and I armed them with all the info as mentioned) - all the landlord had to do was say he didn't live there and the bailiffs went. Very very frustrating.

    I just seem to be running out of options and don't know where to go next.
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      #17
      OK an update and more advise needed. My original contract was with a Mr X at Y Company which was not his home address, but his work address - one of which he is a Director and the day to day manager. After winning my court order, I sent the bailiffs round to the 'workplace' and they were told that he no longer works there. I believe the people the bailiffs spoke to were told to lie to the bailiffs. I have now checked the latest Companies House filing, made last month, and he is still the Director of the company. Can I send the bailiffs back in with this hard information or will they get fobbed off again? Is it against the law to lie to a bailiff? Finally, I'm wondering if issuing a winding up order against the company is an option given the above bailiff option doesnt seem to be working?

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        #18
        It's tenuous, from the aspect that the contract doesn't appear to be in the Company's name.

        From what you have said, it seems as if the contract was signed by him as an individual merely using the company address and if this is the case, you cannot issue a winding up order against the company, as your contract wasn't with them, it was with him as an individual.

        If you have a copy of the latest returns, it should also show his latest address filed at Companies House; cross check this against the electoral register and if this checks out phone the Bailiffs Office, telling them what evidence you have and ask them what they would do in such a situation, where it is clear the LL is evading them but there is sufficient proof that he lives there.

        And then take it from there..

        Of course, if the Company is named as the Landlord on the AST, it's an entirely different ball game.

        Does the AST name him or the Company as the Landlord? It maybe an idea to get legal advice as to whether a solicitor would deem him or the Company to be the Landlord as without sight of the AST, it's very difficult for anyone on here to give definitive advice and even then we are not legal experts.

        Anyone else got any ideas???
        Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

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          #19
          On the AST it lists him and the company if that makes sense i.e Mr X of Y Company. He has not lived at the address he has given as his 'home' address on Annual Return for over 5 years. I have already had bailiffs round there and confirmed through a land registry search that he no longer owns the house. I do have his new home address confirmed by a land registry search and electoral roll search, but the bailiffs returned empty handed again being told that 'he doesnt live there.' I'm really at my wits end!

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            #20
            Surely its an offense not to update the directors address correctly?
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