Agent gone bust

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    Agent gone bust

    Hi all

    I have recently found out that my letting agent has "ceased trading". They owe me 4 months rent plus deposit (totally almost £3k). Looking at my paper work and emails from them, I thought they were a sole trader or partnership since none of their paperwork included the word "ltd" at the end of their name. Unfortunately, I have just looked on Companies HOuse and they are a limited company! (They are still shown as active- however, after some more digging I have discovered they are about to go into liquidation).

    I just wanted to know whether I would be able to sue the directors personally since I was not aware of the agency's limited status. I know they are in breach of the Trading Disclosures Regs 2008 but I don't know whether this would mean that I can go after the directors personally?

    I would be grateful for any advice : )

    #2
    You have a company law rather than landlord and tenant law question. I suggest you post it here: http://www.swarb.co.uk/phpbb/viewfor...b81d2f1bc21912

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      #3
      Good advice from lawcruncher but in the meantime please ensure that your tenant does not pay any more money over to your agent and contacts you from now on. If they are about to go into liquidiation then their accounts will be frozen and you have no hope of getting any monies that the tenants may pay in still.

      Also its advisable for you to pay a deposit to the same value that your tenant paid into the DPS to ensure you covered.

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        #4
        Originally posted by Lawcruncher View Post
        You have a company law rather than landlord and tenant law question. I suggest you post it here: http://www.swarb.co.uk/phpbb/viewfor...b81d2f1bc21912
        OK- Will do : )

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          #5
          Originally posted by Poppy35 View Post
          Good advice from lawcruncher but in the meantime please ensure that your tenant does not pay any more money over to your agent and contacts you from now on. If they are about to go into liquidiation then their accounts will be frozen and you have no hope of getting any monies that the tenants may pay in still.

          Also its advisable for you to pay a deposit to the same value that your tenant paid into the DPS to ensure you covered.
          Thanks for this, I have contacted them and they will be paying the rent direct to me in future.

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