Landlord deceased and bankrupt, flat in state of dis repair help

[dve22]

Hi all I've come here to see if anyone can help me or offer some advice.

 

I'm currently 6 months into a 12 month shorthold tenancy agreement with no break clause private renting which has a letting agency as the 'middle man' managing the estate.

The flat was advertised as unfurnished and cleaned to a professional standard.

 

-Showers broken twice and still to this day does not work.

-No keys given for windows

-No alarm code given for the system

-Windows sealant has come away and has been taped up letting drafts in

-Convector heat broken

-Hallway switches become very hot when switched on

-Door hand to main flat door fell off and lock is knackered

-Communal door in bad state and is nearly coming away from wall (eroded)

-Court Yard full of fly-tipped rubbish

-Timer light in hallway didn't work took them three months to fix.

 

I found out after signing the agreement the landlord was deceased and his daughter took control of his estate. After months of living in hell I gave up with the letting agency as they were not reporting the problems to the landlord and not carrying out work when it was authorized to be done by the landlord I asked to leave the tenancy early. I heard nothing back off the agency so I gave the landlord a call to be told that they were bankrupt and the courts had taken the estate and now the new legal landlord was the Official Receiver.

 

The bankrupt was declared three weeks ago and I was angry I hadn't been informed of the new landlord now the agencys maintenance lady ignores my phone calls and they said I wasn't allowed my new landlords details.

 

So I have contaced Shelter and a Solicitors who have said I could leave but could be chased for the remaining of the rent left. My landlord gave me permission to leave but the agency have said they can't as there not legally owners of the flat anymore.

 

So i got in touch with the Offical Receiver and I got this:

 

The Official Receiver has to act in the best interest of creditors and as such will not simply "write-off" any outstanding rent. The tenant is of course free to leave, but he may be subject to legal action by the subsequently appointed Trustee in relation to the unpaid rent up to the end of the agreement. The tenant would be able to make his own representations as to why he had to leave early and whether the landlord had fulfilled his obligations.

 

The tenant is free to leave, but the Official Receiver will not release him from his obligation to pay any outstanding rent, he will need to discuss this matter with the subsequently appointed Trustee.. He has been advised to seek independent legal advice.

 

Please help me what do I do now? The flat needs alot of care and I don't see why I should have to put up with all of this I just want to leave and enjoy a property.

 

Do I carry on paying my rent to this letting agency even though the new landlord hasn't got in touch? Sorry for the long post!

[citizenB]

Have Shelter not suggested any action you could take to get either the Agents or the Landlord to bring the property up to standard ? Do you think there are any Health and Safety issues ?

[BRIGADIER2JCS]

Your local authority may be able to assist environmental health issues are present here.

[mariner51]

The Official Receiver, and subs appointed Trustee, appears to be your new de facto LL, with all rights & responsibilities.

The bankruptcy appears to be at an early stage and the bankrupt (dau?) may not yet have been interviewed by OR.

The usual approach of Insolvency Practitioners is to attempt to continue trading, short term, if there is a positive income stream.

They may even engage the old LAs to manage the rental portfolio pro temps.

You are 6 months into a 12 month fixed term and therefore liable for rent for the duration.

They may be interested in accepting early surrender if it means property can be sold at auction sooner to realise cash. I would suggest you can withhold future rent (safeguarded in personal account) on basis of not being formally notified by new LL about LL change

Should elicit quick response from Trustee, when you can ask about deposit and on-going repair issues.

At best you may become a low ranking creditor entitled to x p in the £ or nothing.

[dve22]

Thanks for all of your replys. Shelter have been brilliant and there advice is very good but as the Solicitors have said aswell it's a sticky situation to be in.

 

The amount of rights landlords have compared to the tenant is just ridiculous because now look what I have to go through because of the mess the landlords estate got it.

 

The only way I can see myself winning in this situation is warning the Official Receiver or trustee of a possible small claims case off me and having my repairs done that way or persuading the Official Receiver or new trustee to let me leave early.

[Bandit127]

A possible approach would be to start getting the important stuff done and invoicing the OR for that.

But a snag with that is you would likely just go in to the pool of creditors and only get a pro-rata payout at the end. I suspect that a claim might also get the same result. A pro-rata payout.

 

A tricky situation.

 

I am with Brig. If you can get the LA involved you could get your problems elevated to necessary expenses of the bankrupt's estate. These will be paid ongoing, and before any calculation of payout is made to the creditors.

[dve22]

Hi bandit sorry only just learning all the terms all legal talk what is the 'LA' and could you explain the last part of your reply thank you.

 

Lastly do you think the next trustee would agree to an early release? As the Official Receivers now said that by the end of May there will be a new trustee. I am hoping they decide to sell the property sad for people who want to stay but it is a hell hole!