Mesne Landlord and DPS

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    Mesne Landlord and DPS

    I have what I hope is a very simple question.

    Does a mesne landlord have to register the deposit he collected from subtenants in the same way that head landlord has to do for all tenants ie within 30 days?

    Thank you for your answers in advance.

    #2
    What do you mean by mesne landlord?
    I assume you are T that has sublet with/out your LLs permission. You (plural, in case of joint AST) are the only Ts listed on your AST?
    If so. the sub Ts are your Ts and you are their de facto LL. If you required, and a deposit was paid, for AST then you are resp for deposit protection and any claim for non- protection from your Ts

    Comment


      #3
      Hi and thanks for your response. I own the property which is 3 bed flat. The mesne landlord is the original tenant who has sublet part of the property. He has been served both a s21 & s8 notice the latter for 3 months' rent arrears.

      He is now making up stories about disrepair and counterclaims. My understanding is that he has not protected the deposit of the tenants he sublet the property to in same way as I did his with the DPS.

      So my question is - is the original tenant required to protect the deposits of the sublet tenants in same way I am required to protect his. I hope this clarifies the situation and question.

      Thanks again.

      Comment


        #4
        Does your tenant still live in the property with his tenants / lodgers?
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Any landlord of an AST (written or verbal) with a deposit needs to protect it. An AST does not apply to lodgers...

          Only the tenant can sue landlord for up to 3x deposit: You could pretty much do nothing about his sub-let occupants unprotected deposit apart from encouraging occupant to sue him.

          Further, if he has moved out then your tenancy with him (but not his with sub-let occupants) is no longer an AST and S21 & S8 no longer apply.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            He is still in the property. It is when I started eviction process for being three months behind on rent totalling £3000.00 that he's suddenly throwing a fit. I honestly don't understand why people do this.

            Anyhoo I've now found out the subtenants have been paying him and he has not been passing on rent. He's also got deposit from them. Cheeky sod!!!

            So in essence the advice here is that he must follow the same procedures re: deposit protection even as a mesne/sub-landlord.

            Comment


              #7
              If the sub-tenants live with the tenant (i.e. share space) it isn't an AST and he doesn't need to follow the same process.
              If they have exclusive use of a defined "property" they can have an AST.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Thanks jpkeates

                The subtenants each have rented a bedroom from him. He (to my disapproval) lives in the living room. They share the only bathroom and kitchen. Under this arrangement, would he have to protect the subtenants' deposit?

                Comment


                  #9
                  No:

                  Forget subtenant's deposit.

                  Evict your tenant: Pursue him regardless of what it costs in time, money & patience for as long as it takes for the £££. Ensure council know why you are evicting so he gets no help or rehousing from them
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    I have spoken with a the council. They added my comments to his notes are were pretty clear that he would struggle to get council housing as the arrears would have rendered him making himself homeless.

                    Sadly but as is standard, the council told him to remain until he's evicted by court order. It seems the system is increasingly geared at entrenching conflict between landlord and tenants.

                    I will follow the s21 & s8 through to logical conclusion. I have also told him that I will be seeking a CCJ and Attachment of Earnings claim to recover all outstanding debt.

                    Comment


                      #11
                      Unfortunate. Don't tell him what you're going to do - it gives him more opportunity to avoid you/hide his ££££.

                      Good luck!
                      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                      Comment

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