Tenant needing help with property being sold

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    Tenant needing help with property being sold

    Ok here goes! In May 2007 I re-signed my 12 month agreement and was told by the letting agent a couple of weeks later that the house we be going on the market. The property has exchanged and is completing next week and I will be dealing direct with my new landlord. The previous letting agency have said that in order to return my deposit they need to check the property is in the same condition and that I have adhered to the terms otherwise there will be deductions from the deposit. What concerns me is that I have 2 cats and agreed to have all the carpets clean when I left the property - Im concerned that they might use this as an excuse not to refund the entire deposit but Im not leaving the property and I agreed to do that when that happens.

    In addition I reported a problem to the letting agent about a problem radiator back in May and phoned the letting agent again today about this - they think that the landlord will stall getting this fixed and push it all on to the current landlord.

    I have never been given notice in writing about the change of ownership - should I have done?

    Im really confused about all of this!!

    #2
    Your AST should just transfer over to the new landlord, there is no need for the agent to do a formal check-out and your new landlord to do a check-in, as you are already there.

    As such, there should be no issue with the deposit.

    Comment


      #3
      Originally posted by Colincbayley View Post
      Your AST should just transfer over to the new landlord, there is no need for the agent to do a formal check-out and your new landlord to do a check-in, as you are already there.

      As such, there should be no issue with the deposit.
      But from what I gather, the old agent will no longer be dealing with the property as the new owner wants to deal direct with tenant.

      In any case deposit should be protected under a TDS and agent cannot take from it without your agreement.

      Peter

      Comment


        #4
        Originally posted by pcwilkins View Post
        But from what I gather, the old agent will no longer be dealing with the property as the new owner wants to deal direct with tenant.

        In any case deposit should be protected under a TDS and agent cannot take from it without your agreement.

        Peter
        As I said then, no issue with the deposit. The current tenancy agreement will just transfer over to your new landlord on the same terms and conditions.

        The only change asfaras you are concerned is that you will have a new landlord to deal with.

        Comment


          #5
          Originally posted by Colincbayley View Post
          As I said then, no issue with the deposit. The current tenancy agreement will just transfer over to your new landlord on the same terms and conditions.

          The only change asfaras you are concerned is that you will have a new landlord to deal with.
          So is old agent responsible for transferring deposit to new landlord?

          Peter

          Comment


            #6
            Originally posted by pcwilkins View Post
            So is old agent responsible for transferring deposit to new landlord?

            Peter
            The deposit won't be transfered to the new landlord as it should be held under the TDS.

            I have no idea at all how you go about changing the name on the TDS from the agent to the new landlord.
            Chance's are the TDS admin people won't have a clue either????

            Comment


              #7
              thats ok as she is happy not to take a deposit as I have been there for 3 years and she knows me. Theoretically then the letting agent should return it to me.

              I also have a radiator that was requested to be fixed in may but Im sure they have been stalling it since the house is being sold - whose responsibility is this....the "old to be" or the "new to be" landlord?

              I have also agreed to take out a new contract with the new landlord - she said it was better now as she is increasing the rent. I know legally I didnt have to as I was ok until may 2008 but it was a concern she would increase it even further come May. Did I do the right thing?

              Comment


                #8
                Originally posted by madkitty View Post
                thats ok as she is happy not to take a deposit as I have been there for 3 years and she knows me. Theoretically then the letting agent should return it to me.
                Depends if new landlord is bound by terms of old agreement and whether old agreement specifies deposit will be given.

                I also have a radiator that was requested to be fixed in may but Im sure they have been stalling it since the house is being sold - whose responsibility is this....the "old to be" or the "new to be" landlord?
                It's the responsibility of your landlord NOW, but if they are selling the house in the immediate future they will do nothing until it is sold. Then it is the responsibility of the new landlord.

                Peter

                Comment


                  #9
                  [QUOTE=pcwilkins;47115]Depends if new landlord is bound by terms of old agreement and whether old agreement specifies deposit will be given.

                  but if the house is being sold and Im agreeing to a new contract doesnt that automatically render the previous contract void?

                  Comment


                    #10
                    Originally posted by madkitty View Post
                    thats ok as she is happy not to take a deposit as I have been there for 3 years and she knows me. Theoretically then the letting agent should return it to me. In that situation, then yes

                    I also have a radiator that was requested to be fixed in may but Im sure they have been stalling it since the house is being sold - whose responsibility is this....the "old to be" or the "new to be" landlord?As Pcwilkins says, depends on who is the landlord at the time, if you know your new landlord/lady to be, then tell them about it now.

                    I have also agreed to take out a new contract with the new landlord - she said it was better now as she is increasing the rent. ( You are not obliged to accept a rent increase until the end of your current agreement, if you decide that you will end your current agreement, then sign a new one on different terms, then that is up to youI know legally I didnt have to as I was ok until may 2008 but it was a concern she would increase it even further come May. Did I do the right thing?
                    She could always still increase the rent come July/Aug next year, if you are signing a new agreement now anyway, why not get it written into the agreement saying when and by how much the rent will increase. at least you will now what is coming

                    Comment


                      #11
                      I have also just found out my despoit was never placed with the tds when my contract was renewed - is it worth doing anything about this?

                      Comment


                        #12
                        Originally posted by madkitty View Post
                        I have also just found out my despoit was never placed with the tds when my contract was renewed - is it worth doing anything about this?
                        You have the right to insist it is put in the scheme, or you could take the landlord to court and he will be fined 3 X the deposit amount.

                        It's upto you if you do this or not.

                        Comment


                          #13
                          but it wouldnt be worth doing this if the house completes next week and the new landlord doesnt require a deposit?

                          Comment


                            #14
                            Originally posted by madkitty View Post
                            but it wouldnt be worth doing this if the house completes next week and the new landlord doesnt require a deposit?
                            You could go to local County Court and enquire. I think it might still be worth a try. Effectively if your deposit hasn't been protected and should have been you are guaranteed 3 x deposit from landlord. I don't think the fact that contract terminates next week should change that, they are in breach of the law at present and just because you are effectively "moving out" next week should not mean they get away with it.

                            Peter

                            Comment


                              #15
                              would it be safe then to wait until it has completed (it has already exchnaged) just to be on the safe side?

                              Comment

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