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wrackard

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  1. I was in a similar situation last year. I moved back to the UK in July 2009 and lived at my mothers property without paying rent (she was also living there). In October she moved overseas with work for 3 years and we started paying rent/claiming Housing benefit at that time. The council initially refused to pay as they found it to be a contrived tennancy, it was only after she used an agent to manage the property that they agreed to pay housing benefit on the property, she lost a % of the rent but better that nothing! Also if they ask you cannot say that it will only be avaliable for your daughters use, you must say that it will be avaliable to rent to anyone, even if you are only going to rent it to her because she already agreed before it went on the market as it were, hope that makes sense!
  2. I have had nothing in writing, no revised tennancy agreement..but I am paying rent to the landlord directly at the moment.
  3. thanks for the reply callumsgran, however you seem to suggest that either one of them could be liable? or would it just be an empty threat to say I would take the agents to court for not protecting it in the 1st place. Also would it make a difference that a new tennancy agreement was never made when the situation changed? As I have only ever signed the agreement with the agent listed as the landlords representative. Thanks
  4. I decided to make a separate thread for the deposit issue (my other thread was more about the landlords property being in the garage) The house I am currently living in was let to me through an agent, they had been managing the property for the landlord at least through the previous tennancy, and I paid my deposit to them on 21/05/2010. I moved into the property on 01/07/2010 and within a week of being there (I'm unsure of the exact date) I was informed by the agent that the landlord was moving back into the area and was assuming responsibility for the property again. After having problems with the landlord dragging his feet over removing his property from the garage I found myself at these forums and read up on what they should have done with the deposit, until this point I had not really thought about it. I checked with the agents yesterday (13/08/2010) and they said they had passed on the deposit to the landlord, they did not give a date when this happened, but also told me that he had requested information from them about myself in order to be able to put the deposit into a scheme. I checked with the 3 schemes that are avaliable and non of them have any record of a deposit being registered for my address. The question I have is: who is responsible for the deposit being put into a scheme, as I paid it to the agent on 21st may, as they were managing the property at the time, should they have put it into an account and informed me before 4th June? Due to the way in which I leased the house from the agent I also currently have no address for my landlord, will I need his address if I need to take the matter to court or can I quote the agencies address as they were responsible for managing the property, and took the deposit from me? I am quite worried about this as I also have numerous letters addressed to the landlord from Baliffs/collection agencies/banks/inland revenue (judging from the return addresses, I have not opened any) and a brief check of his records on companies house indicate he has been involved in at least one dissolved company, nothing conclusive..but erring on the paranoid side one might guess he has some financial troubles! In which case if my deposit is not protected it may be hard to recover when we leave. Thanks for the help
  5. Hi hoping I can get some advice on what to do about my landlord stalling on removing his property from the garage at the rear of the property, and also about the TDS. First a quick background: I first viewed the property through an agent as the landlord was not managing the property at the time. I was told that the garage at the rear of the property was included in the rent and it stated so on the online description of the house. At that time the neither the agent nor the tennants at the time had access to the garage and it was full of the landlords property/jumble/junk. I paied my deposit and the 1st months rent to the agent, and signed a contract with the agent acting on behalf of the landlord. (the garage is not mentioned on the tennancy agreement however) Upon moving into the property I had no access to the garage as the agent had not been given the keys from the landlord and all the junk was still inside, but I was assured by the agent that the landlord would be over within the week to clear it out and hand over the keys. The landlord did come over that week at which time he informed me that he would be managing the property from now on and not the agency (who I had previously been told to pay the rent to) and gave me his bank details instead. He sorted out the stuff in the garage into a pile of Junk and a pile of stuff he said he would remove at a later date as he was moving house himself "in a couple of weeks". And so it remained for around 4 weeks, with me inquiring every so often when he was going to remove his property, he finally rang up last week and asked for access to the garage so he could "remove the junk" for me I gave him a time when I would be in so he could collect the keys and he said he would drop them back through the letterbox when he had finished. I came back later the same day, the pile of junk had been removed...but he had also increased the pile of stuff in storage (almost double the amount!) so far he has not replied to my texts or phonecalls as to when this will be removed, he also still has the keys! The other query I have is regarding the TDS, I had not even thought about this before visiting this site...but I have not recieved notification that it is in a scheme from either the agent (to whom I paid the deposit) or the landlord. So in summary: Where do I stand regards the landlord keeping his property in the garage? Do you think it is resonable to seek compensation for him using it as a lockup? Should I seek to have a new tenanncy agreement made up directly with the Landlord? Who is liable for the deposit? would it be the agency I paid it to or the landlord now he has taken over the management (which he did so within 14 days of moving in)
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