Landlord's Name

[h4orth]

Originally Posted by MrShed

Was the deposit held as stakeholder or agent?

Is there a brief explanation of the difference anywhere as I am unsure of these terms?

Many thanks

[h4orth]

Many thanks for the helpful advice. In particluar my daughter will be mentioning the following to the agent -
"under the provisions of the Landlord & Tenant Act 1985, tenants of dwellings in England & Wales, who make a written request to an agent, have a right to the landlord's name and address.
This information must be supplied within 21 days. The legislation refers only to the landlord's name and address"

She has written formally asking for the landlord's name 14 days ago.

[h4orth]

I know this may seem strange but let me explain briefly.

My daughter was a student and for her final 2 years rented a flat via an agency. The agreement simply refers to the landlord as The Landlord. There is no landlord address in the contract. The contract states that all papers are to be served at the agent’s address.

At the end of the 2 years the flat was left is a clean and proper condition with a good deal of redecoration done as a matter of course.

The landlord eventually inspected the flat and retained part of her deposit claiming decoration was needed. My daughter contested that and delivered a lengthy and detailed letter. That letter was never responded to despite many calls to the agency and their promising to resolve the matter.

A further letter was delivered to the agency giving 14 days notice and warning of court action. That letter was ignored despite further telephone calls. Finally the agency stated that the landlord was on holiday and the issues would be taken up on his return. They weren’t.

A further letter was delivered asking for the landlord’s name by return. No surprise when there was no reply. A telephone call revealed that this was “the last issue to be dealt with”! She still waits……

Should the (presently) unimaginable happen and the matter is settled, fine, but she is tired of waiting.

So to the crux of the post. Can proceedings in the Small Claims Court be started without the landlord’s name? If it can’t, what can be done to either obtain the landlord’s name or recover the outstanding amount by other means.

Many thanks for any help.
h4orth

PS – I read elsewhere that some information must be declared to a tenant. As my daughter is no longer a tenant could she ask the new occupier (who she knows) to obtain the name?

[Joa]

Can proceedings in the Small Claims Court be started without the landlord’s name?

Nope

As my daughter is no longer a tenant could she ask the new occupier (who she knows) to obtain the name?

great idea, providing the landlord is definitely the same. you do not need the address, as your tenancy agreement specified the agents' address for receiving notices, but you need a name, as the landlord is the one your daughter had a contract with, not the agents.

Good luck.

[h4orth]

Many thanks Joa for a swift response.

Will ask the present tenant and take it from there & post the outcome!

[MrShed]

Was the deposit held as stakeholder or agent?

[Ed999]

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

The thread explains in detail how to find out the landlord's name and address.

Also check the Landlord Zone link given in that thread.

If your daughter encounters a similar situation in the future, remind her that she is entitled to withhold the rent.

By section 48 of the Landlord and Tenant Act 1987, the landlord must give you his name and an address in England and Wales at which the tenant can sue him. No rent is due until he does that.



Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

[Aequitas]

Originally Posted by Ed999

By section 48 of the Landlord and Tenant Act 1987, the landlord must give you his name and an address in England and Wales at which the tenant can sue him. No rent is due until he does that.

Just a reminder that "due" is not the same as "payable." Once the landlord complies, all back rent becomes due.

[Ed999]

Originally Posted by h4orth

Many thanks for the helpful advice. In particluar my daughter will be mentioning the following to the agent -
"under the provisions of the Landlord & Tenant Act 1985, tenants of dwellings in England & Wales, who make a written request to an agent, have a right to the landlord's name and address.
This information must be supplied within 21 days. The legislation refers only to the landlord's name and address"

She has written formally asking for the landlord's name 14 days ago.

Your daughter's request will fail. The only remedy for the landlord's failure to comply with section 48 is the tenant's right to withold payment of the rent until the landlord complies. But in your case the tenancy has already ended.

If you note my previous post I said: "If your daughter encounters a similar situation in the future, remind her that she is entitled to withhold the rent."



Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.