How to find out Landlord's address

[cherryredcutie]

Hello Guys,

I'm new to the forum and hope that you can maybe give me some advice on situation.

I've been renting a flat with my bf for 3 years and now we have moved out, the agency through which the flat was let is refusing to give us our deposit back as the landlord is apparently claiming that there are items missing from the flat (which is not true). The flat was let unfurnished and there was no inventory taken when we moved in and also no check out report done.

We do not have the address of the landlord, it's not on the tenancy agreement, only the name. We have written a letter to the agency to disclose the address to us but the 21 days are almost up and they haven't replied. We phoned them up as well but they won't give it to us over the phone. I have downloaded the deeds from the land registry website but they only show the name of the landlord, not his address (it's just the flat's address we lived in on there). Is there any other way how I can find out his address?

I would really like to take this to the small claims court but without the landlords address it's a bit difficult.

Any tips would be very much appreciated!

Kind regards,
cherryred

[Esio Trot]

Originally Posted by cherryredcutie

I've been renting a flat with my bf for 3 years and now we have moved out,

<snip>

We do not have the address of the landlord, it's not on the tenancy agreement, only the name. We have written a letter to the agency to disclose the address to us but the 21 days are almost up and they haven't replied. We phoned them up as well but they won't give it to us over the phone.

Hmm.

You are in a difficult position here, though hopefully the knowledge of the agent is an the normal level - not very good. Pursue the "you are required within 21 days" route, threatening court action if not provided.

However, if you do take court action you are likely to lose. The reason for this is that it is a tenant who has the legal right for the landlords address within 21 days, and as you have left you are no longer a tenant and ipso facto not entitled to this as a right in law.

[Ed999]

Read this thread: http://www.consumeractiongroup.co.uk...eductions.html

Since you were renting a property from the landlord, you would write to him at the property, as that is certainly his address.

[cherryredcutie]

Hi guys,

thanks for your replies. I have spoken to Shelter and they said I should sue the agency as they are not giving out the landlords address. They also said as Esio that they don't have to give us the address within 21 days as we already moved out and are not tenants anymore. But without a signed and dated inventory it would be very hard for them to proof it's valid.

[MrShed]

It really depends whether the agency holds the deposit as "landlords agent" or as "stakeholder". It should state in your tenancy agreement.

[cherryredcutie]

Hello MrShed,

I had a look through my tenancy agreement and it says Landlord's agent regarding the deposit. What would be the different between the 2 workings regarding the claim?

Thank you very much,
cherryred

[Ed999]

To sue for the return of your deposit, you sue the landlord.

Since you were renting a property from the landlord, you would write to him at the property you were renting, as that is certainly his address. You would address the Court claim to him at that address, and the letter before action.

Do not try to sue the agent. The landlord is liable for all acts of the agent, as the landlord is the principal, and it is the landlord with whom you have the contract.

You will want to enforce any judgement that you may obtain in court against the landlord. His biggest asset may in fact be the property you were renting. The agent might have no traceable assets, whereas the landlord is a sitting duck.

See: http://www.consumeractiongroup.co.uk...t-how-get.html

If you want other addresses for the landlord, do a search at H M Land Registry (costs £3) to obtain a copy of the Register Entries for the property you rented. See: Land Register Online

The documents you will get will contain an address for the landlord. Although it might be the property you were renting, there is a chance it will be his real address.

Also read this thread: http://www.consumeractiongroup.co.uk...eductions.html

[cherryredcutie]

Hello Ed999,

Thank you very much for your help! The agents has now given me the landlords address after telling them they are breaking the law by not providing us with the address! So I will set up a letter for the landlord and sue him if he doesn't give me the deposit back.

Thanks again everyone for your help!

cherryred

[Aequitas]

Just to remind tenants (and landlords!) that Section 48 of the Landlord and Tenant Act 1987 provides that a landlord must supply his name and address to a tenant and until he does so no rent is due.

NB This does not mean that you don't have to pay back rent when the address is finally notified.

[LittleMissSunshine]

Aequitas,

does the address have to be the personal address where the landlord lives? or can the address be a PO box or the letting agency?

Just something I have been fighting over in the past and still dont know the answer

Cheers
LMS

[Ed999]

Originally Posted by LittleMissSunshine

Aequitas,

does the address have to be the personal address where the landlord lives? or can the address be a PO box or the letting agency?

Just something I have been fighting over in the past and still dont know the answer

Cheers
LMS

Read this thread: http://www.consumeractiongroup.co.uk...e-section.html

And read this thread: http://www.consumeractiongroup.co.uk...e-section.html

There seems to be no case law authority on the point which you raise, but the threads I am referring you to set out the arguments that can be used against the landlord by a residential tenant (even by a shorthold tenant).

Some parts of those threads relate to the service charge demand a landlord serves under a 99 year tenancy, so just ignore those references. But the main points set out are valid even for a monthly periodic tenancy.

[lindyhop]

just to make sure that you have covered all the bases i would suggest that you contact Shelter who are excellent advocates and may even be able to take up your case on your behalf.