Landlord has gone into receivership

[Winger]

Last month we received notification from the receivers that our landlords company has gone in to receivership and that the house was now in their hands and that they were in effect our new landlords.

They had not served notice on us, but we decided we would find somewhere else rather than live with the risk of suddenly landing 2 months notice. We are now due to move out 3rd Dec.

 

Our concern now is with the £575 deposit that we paid in 2004 and who we should try to get it back from!

We have been renting the house since Jan 2004, so the deposit is not with TDS.

The receivers say we should get advice from CAB,

CAB say we should notify the receivers

 

The original LL say that they will repay us when the house is sold,

however the receivers have said that the proceeds would probably not cover their debts.

 

We seem to be going round in circles

 

Can I make a claim for the deposit if the company is in receivership?

 

Any help or advice would be gladly accepted

 

Cheers

[mariner51]

Clutching at straws, but who is named as the LL on AST? Company trading name, F Bloggs for ACME Co, or just F Bloggs How is LL signature block styled? ie can you show that at start of T the LL was an individual and not a Company?

If property was 'owned' by presumed ind LL at start of T and has not been declared bankrupt, you MAY have a SCC claim against ind for return of deposit, even though protection not required, so cannot use DPS ADR.

"Can I make a claim for the deposit if the company is in receivership?"

If Co was your LL, you notify receivers you are normal creditors for deposit amount. I believe receivers then HMRC etc have first call on assets, then if any assets remain they may be offered xp in the £ due.

Receivers will be seeking sale of property, poss to an investment LL rather than sale by auction with a sitting T.

Have you vacated the property? Don't delay.

Harsh, but loss of £575 deposit over 6 yrs represents less than £8 / month inc rent, and I doubt receivers will chase you for T damages.

[Winger]

Thanks for your time Mariner

 

The original tenancy agreement was all on company headed paper, so I guess that is clear cut that the company was the landlord.

 

We are still in the property, but have given, and had accepted, our notice for the 14th Dec and take possession of our new house on 2nd Dec.

The receivers have already sent an agent to value the house with a view to putting back on the rental market.

 

Is there a form or draft letter that I need to notify the receivers for the deposit?

 

I had already in my mind written off the £575 but it has been a struggle to raise the deposit and first months rent for the next house, especially at this time of year!

 

Cheers