LL Failed to Inform Tenants of Sale **WON**

[numbers666]

Morning All!

 

Hope you can advise.....this is for an assured sht gone periodic due to old ll not renewing, though we have sms confirming acceptance of extension to 1/5/13. New ll is happy to keep us as tenants however long we wish to remain.

 

The property we rent was sold. We were not informed of this until mid november by the new landlords agents.

 

The sale date was 28/09/12.

 

We paid via bacs the october and november rent to the old ll.

 

The old ll did not protect our deposit. The new ll has not been sent this deposit.

 

Questions are:

 

Who is responsible for informing tenants of sale old or new ll.

 

I know we should have been sent these....

 

Old Landlords Letter of authority

Notice under s.3 of LTA 1985

Notice under s.48 of LTA 1987

 

Never received - though notice off new agents for new ll - apparently old ll and his solicitor was not forthcoming with our details!

 

We have asked old ll for a return of the monies, he is not going to due to a dispute will the new ll over the sale ! - this is clearly nothing to do with us.

 

LBA action sent to old ll - no response nor payment

 

I issued a CC claim issued yday for:

 

the two months rent plus the unprotected deposit and a claim for the penalty for non protection under housing act / localism act 2012. Total exceeds 2,400 plus fees.

 

I am confident in winning, this is not the issue! - Anything i need to be wary of ?

 

Also would it be possible for old bill to advise, i believe there is a criminal case here - theft or fraud.....

 

Thanks

 

Numbers

Edited December 8, 2012 by numbers666
tidying

[mariner51]

The vendor is under no obligation to inform his Ts that their rented home is up for sale or has been sold. The AST/SPT continues until new LL serves valid, due Notice.

New LL must inform Ts asap that s/he is their new LL from , provide an address for service of T notices and payment method for future rent from , usually account name/number & bank sort code. This appears to have been done. It would then be Ts resp to cancel any existing SO and set up another with correct details.

AFAIK the new LL is resp for your deposit, but he cannot protect it until received from vendor.

As T, I would supply new LL with evidence that deposit was paid to old LL, when & amount.

If you receive the deposit from old LL, you must pay it to new LL, otherwise deosit has been returned.

 

I think your SCC is ill-advised. The claim for non-protection should only be considered via multi-track, min fee £1K and all defence costs if you lose. Also the level of penalty is for Judge to determine, not T.

 

If, as you say, vendor & buyer have other sale-related issues as well as deposit, they will likely all end up in Court.

 

You say you are confident of winning, I am not other than for return of deposit, which you must pay to new LL to conform with existing T.

[numbers666]

The vendor is under no obligation to inform his Ts that their rented home is up for sale or has been sold. The AST/SPT continues until new LL serves valid, due Notice.

 

--- Was not informed from New LL until 2 further months of Rent were paid to OLD LL.

Old LL did not say ' hey, you shouldnt have paid me...."

 

New LL must inform Ts asap that s/he is their new LL from , provide an address for service of T notices and payment method for future rent from , usually account name/number & bank sort code. This appears to have been done. It would then be Ts resp to cancel any existing SO and set up another with correct details.

 

---- done effective from 16th nov so dec-12 rent paid correct. Did not know about sale so paid to details known. Have confirmation from New LL agents that our details were not provided to them until 13/11/12 from old ll.

 

AFAIK the new LL is resp for your deposit, but he cannot protect it until received from vendor.

 

 

As T, I would supply new LL with evidence that deposit was paid to old LL, when & amount.

 

- Done - not in scheme.

 

If you receive the deposit from old LL, you must pay it to new LL, otherwise deosit has been returned.

 

- New LL has been paid the deposit and the two month rent to clear the arrears. Deposit to new LL now in scheme.

 

I think your SCC is ill-advised. The claim for non-protection should only be considered via multi-track, min fee £1K and all defence costs if you lose. Also the level of penalty is for Judge to determine, not T.

 

If, as you say, vendor & buyer have other sale-related issues as well as deposit, they will likely all end up in Court.

 

----- But I am not party to this - the fact that the old ll and new have issues does not override the fact that do to one or the others failing we paid 1k to someone who was not entitled to it as he did not own the property!! Once informed he has decided to retain our money as he has issues with the sale !!

 

You say you are confident of winning, I am not other than for return of deposit, which you must pay to new LL to conform with existing T.

 

 

Thanks M, I agree the actual penalty can be argued in scc, but i really want the money has has stolen (rent x 2) and the deposit returned. The penalty if awarded is a bonus.

 

N

Edited December 8, 2012 by numbers666

[raydetinu]

No! any claim for non-protection etc will be through multi track of County court not SCC and initial fees etc. will cost you over 1K as said.

[numbers666]

Just to update - judgement issued for full claim 16/1/13 - the rent and deposit plus the penalty at 3 times the deposit amount.

 

I have requested this immediate payment.

 

I will update as events unfold.

 

Thanks for all the help and advice.

 

N

[Lea_HTH]

Can you name the County Court you claimed in please? Or even the name of the judge that made the judgment...?

[numbers666]

Northampton.....

 

def filed notice of service - admitted part - BUT failed to file defense within permitted time - so not actually heard but rather by default at this stage.

 

I am expecting an app to set aside to hear the penalty part and will keep you all informed of the progress / details as if found proved on non fast track could assist others - the ball is now in the defendants court

 

N

[raydetinu]

thats great. I am sure though, they will challenge the compensation amount/part.

if stands, pitty it wont set a precedant.

[mariner51]

Perhaps that should be 'fortunatley' for some LLs, ray.

[Lea_HTH]

It wouldn't set a precedent anyway - it's just a county court.

 

I was wondering if it was heard by a deputy district judge too.

[numbers666]

It wouldn't set a precedent anyway - it's just a county court.

 

I was wondering if it was heard by a deputy district judge too.

 

I was also wondering- is a request for judgement (default) placed before a judge to rule on or is it just rubber stamped and sent out automatically ?

 

N

[Lea_HTH]

All judgments are made by judges.

[numbers666]

Thought i would update this...After judgement this was transfered up to hceo - used a london company that a series was made on(!)....Debtor did not pay, approx 6 visits, 4 promised payments, etcDebtor attempted to pay cash directly to me at one point.End of story ended up paying 5k - bulk of which was hceo charges...got our 900 rent plus 1200 plus costs around 2.4kDo i feel bad about using hceo - in this case no....C

[raydetinu]

Glad you got your money.

[stu007]

Hi numbers666

 

 

Well done on winning your money back and a thank you to all those that gave you advice.

 

 

I will amend your thread title to WON.