Freeholders repossessing flat from our Landlord- help!

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    Freeholders repossessing flat from our Landlord- help!

    I am currently in the fifth month of a tenancy agreement with my current landlord and have recently received an eviction letter from the Freeholder of the property wanting to evict us due to my landlord being in rent arrears with them for the previous 2 months before.

    I wanted to leave at the point of the 6 month break-clause (our landlord has not been the best and is generally unreliable), but now the freeholders are demanding that we pay rent to them for the last month that we stay in our current flat. We do not have a contract with them, and our landlord who we have a contract with has dissappeared so we're not sure what to do. We don't want to lose our month's deposit that our landlord has, so have currently not paid either the freeholder or landlord our last months rent in lieu of this, but we are unsure as to whether we are liable for this to our landlord or the freeholder, and what the legal implications of this are for us? And if we are liable for the rent, who are we liable to?!

    We are also not sure if the previous 2 months of our landlord's rent arrears affects our legal position with respect to evicting us etc.

    Any help with this confusing matter would be very much appreciated!!!

    #2
    1. Your AST contract is still with your L.
    2. L in turn has a contract (letting or long lease) with freeholder F.
    3. Is F forfeiting L's tenancy? If so, you have a right of relief against forfeiture.
    4. If you pay anything at all to F, you must ensure that F legally covenants to indemnify you if L returns and seeks duplicate of same payment. Best to do this via your solicitor who can settle form of words with F's solicitor, so as to cut-out L from the deal.
    5. If L was only a tenant (ie not a long leaseholder) of F, presumably L had paid a deposit to F. As F would normally have to repay this (after deductions) to L, the arrangement should be that any repayment is to you instead.
    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).

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      #3
      Thank you for your help.

      Can I just a question to clarify is poss, do the Freeholders have rights to rent from us if our AST is still with the LL?

      Comment


        #4
        Originally posted by KC NW View Post
        Thank you for your help.

        Can I just a question to clarify is poss, do the Freeholders have rights to rent from us if our AST is still with the LL?
        Not a right, unless F extinguishes L's interest; but F may be prepared to accept you as its direct T. However, I think that there is some sort of Notice which F can serve on L and T so as to direct T (= you) to pay F direct.
        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

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