Problems with landlord

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    Problems with landlord

    Hey,

    So, I have moved out of a property I was renting along with 3 other people from August 09. We have had all kinds of problems with our landlord and when asked for his address he refused us. After numerous requests he has told my house mate to "stop contacting him".

    We have looked into this and we know its illegal for him to do this. The original reason for the address was just because we didnt have it, we had no real need for it until now.

    We have had our deposits of lack of deposit returned and we feel the charges are unfair. I know there are a few ways we can get his address but its being difficult to chose the first move.

    The letting agency is also claiming they no longer have the records of the LL and the address because they are under new management.

    My question is this:
    • Should we keep phoning the LL asking for the address
    • Should we keep on the agencys case?
    • Should we get the details via the council? (They say I need to write a letter due to data protection)
    • Should we consider paid services to get the details?


    Thanks in advance for any feedback

    Regards Robert

    #2
    One way of getting the Landlord's address is to look up the title register of the rental property on the Land Registry website, which will cost you £4 (assuming he hasn't moved recently, and has not entered a company contact address).

    Comment


      #3
      Just did that check, he has his registered address as the property we were living in. Can he do that?

      Robert

      Comment


        #4
        I presume you have tried googling his name / phone number / email address?

        If you write to the council, remember to quote section 35 of the Data Protection Act - that's the bit that says it's okay for them to give the details.
        35 Disclosures required by law or made in connection with legal proceedings etc
        (1)Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.
        (2)Personal data are exempt from the non-disclosure provisions where the disclosure is necessary—
        (a)for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
        (b)for the purpose of obtaining legal advice,or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

        Carry on with the agency - if you were still a tenant, they would have to give you the details within 21 days of receiving a written request. It would be a criminal Offence under s1 of the 1985 Landlord & Tenant Act if they did not do so. I am not sure if that applies to ex-tenants, but it might be worth calling their bluff!

        You could also use the tenancy address to commence a court claim. It is perfectly legitimate to use the 'last known address', and your info from the land registry makes the rental property his last known address. Do a letter before action first.

        I presume your deposits were not protected in a scheme, and should have been? This webpage may help.

        Comment


          #5
          I called the agency and spoke with the girl who we dealt with when signing our contracts. Apparently its all the same staff just a different trading name. She told me that they didn't have the records any more because he wasnt a client any longer. Is it worth still writing?

          The deposits were not protected, we called the three companies and they all confirm.

          Should we write to the address from the land registry then and hope that the people there pass the letter on or wait for a response from the council?

          As for contacting him via the phone, we have asked numerous times for his details and he is refusing hence all this hassle.

          Thanks, Robert

          Comment


            #6
            Write the letter to the agency anyway, because they have to keep the information for 5 years under section 19 of the Money Laundering Regulations 2007.

            Also, send a LBA to the landlord demanding your money back, along the lines of the one in the link I provided. Use the rental address.

            Find out how the agency has changed. It may be possible to sue them for your deposit instead of the landlord. Has it gone from
            B Bloggs to B Bloggs Ltd; or
            A Jones to B Bloggs; or
            B Bloggs Ltd to A Jones Ltd

            Comment


              #7
              Since the original letting agency no longer exists does that cause problems? As I think they will respond with something along the lines of we have never heard of this agency etc etc.

              In regards to the agency change, the telephone number is the same, all links point to the same website with the original branding. From what I gather, all that has changed is the name.

              Send a letter anyway?

              Comment


                #8
                Just because they say it no longer exists, doesn't mean it is true. It is important to find out in what way the agency has changed. Ask them.

                Do you have any receipts etc from the 'old' agency showing their business name? If they are/were a limited company, you could look them up on here http://wck2.companieshouse.gov.uk/2c...essCompanyInfo

                If they were anything other than a dissolved limited company, you can probably hold the agency responsible for the deposit - with legal advice you might also be able to sue for 3x the value of that deposit.

                Send the letter(s) anyway.

                Comment


                  #9
                  Before I ring them id like to be prepared. I found them on that website you posted and it is full of information I have no idea of.

                  I cannot post links so I will post the name and company number.

                  LETS LET.COM LIMITED, 05162216

                  What does all this mean?

                  Also, the name has now changed to "Dwellings" and they reside at the same address. I couldnt find any details on that site.

                  Regards, Robert
                  Last edited by bert682; 20-08-2010, 08:33 AM. Reason: Adding info

                  Comment


                    #10
                    Originally posted by bert682 View Post
                    Just did that check, he has his registered address as the property we were living in. Can he do that?
                    Yes but it's extremely unwise- anything sent to him there (by HMLR or other statutory bodies) counts as correctly served even though he's absent.
                    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


                      #11
                      Originally posted by bert682 View Post
                      LETS LET.COM LIMITED, 05162216

                      What does all this mean?
                      The important bit for you, unfortunately, is the words "Status: Active - Proposal to Strike off"

                      This does mean that legally, the original company is still active - but they have applied to close down.

                      You should telephone Companies House in Cardiff on Monday and ask that the striking off be delayed as you need to investigate legal action against the company.

                      It is unlikely that the company has any money left in its accounts - the directors may have 'moved' any assets to the new company, but CH or the Department of Business, Innovation and Skills (formerly DTI) may be willing to investigate this if they feel any fraud has taken place.

                      If fraud has taken place, you may be able to sue the directors personally, instead of the company - although I failed miserably when I tried to do this 10 years ago!

                      This is not the forum for company law / legal action discussions - but there must be one out there on the wonderful internet.

                      Comment


                        #12
                        You would need to find out the reason for the strike off. If it is due to non-compliance then it is not an application by the company.

                        If the company is struck off then you can apply for it to be restored, however, its quite technical. I have done it, but you usually will need a solicitor. The application must be made to Companies Court and sometimes undertakings need to be given.

                        You need to note that if a company changes its name then you still have a claim (defendant = new name (previously known as old name)). The key is the company number.

                        There are situations where you can sue directors but again its technical. I doubt there is a claim in this situation, but I would need to see all the documents to properly consider this.

                        It seems you have a claim for failure to protect. That claim is against LL and LA (assuming you paid deposit to LA).

                        Instruct tracing agent to find LL then sue him at that address. If you cannot find him then use the property address.

                        You need to consider whether to claim against LA. There appears to be little point if it is about to get struck off.
                        PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                        Comment


                          #13
                          Originally posted by Paul Gibbs View Post
                          You need to consider whether to claim against LA. There appears to be little point if it is about to get struck off.
                          Whilst I agree, my suggestion regarding suing the agent was a back-up if Bert682 could not get in touch with landlord.

                          As original agency has not yet been struck off, would the directors of that agency be committing an offence under s1 of L&T 1985 if Bert682 writes to them and requests landlords details? Would L&T 1985 even apply as Bert682 is an ex-tenant? Were directors obliged to send Bert682 (a creditor) a copy of the 652a if they applied to dissolve the company?

                          Comment


                            #14
                            I think that T must still be a tenant when the request is made.

                            If LA did commit an offence I doubt you would be able to get the Police to enforce.

                            LA must notify creditors within 7 days of submitting form 652a. Failure to do this is an offence.
                            PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                            Comment


                              #15
                              Originally posted by Paul Gibbs View Post
                              I think that T must still be a tenant when the request is made.

                              If LA did commit an offence I doubt you would be able to get the Police to enforce.
                              It is a scale 4, so reasonably serious. However, in view of your first point, it's irrelevant.
                              LA must notify creditors within 7 days of submitting form 652a. Failure to do this is an offence.
                              Would a tenant be an agents creditor if they are holding the deposit, or is the landlord the agents creditor with the tenant being the landlords creditor. If the former, can tenant take any action against agents - is there anything the OP can usefully do?

                              Comment

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