Ex tenant problems

by Readers Question

4 years ago

Ex tenant problems

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Ex tenant problems

To condense the issues here goes… Ex tenant problems

Tenant on AST which ran into periodic for some two months

Tenant leaves no notice, just four page letter of complaints … staff …. other people… everything !

Worth noting at this point.. no complaints at all when in the property, just one boiler issue which was sorted asap and dealt with.

Before the tenant left we received an email from them asking who the rent money was paid to, name of landlord and where was the deposit. All of the required information was contained in the AST, Deposit Protection Certificate and Prescribed Information.

Legal for landlords had advised me that I did not need to give landlord address as I was the full acting management agent.

The tenant had found out ( I did not know) that the landlords business had been dissolved

The tenant now wants all rent back!

I have paid rent over and never had any returned!

Now the tenant taking me to court asking for some eight months barr 5 days rent back!

The company is still going ( landlord) but under a different name (not Ltd just a Partnership) which was running prior to but I paid to the Ltd company.

The tenant seems to want to sabotage my good name for no reason.

They have been left some three months now but think they can use bully tactics to convince me to part with money that was paid in good will to the landlord.

Advice is much appriciated

Thank you

Donna

Comments

Mark Alexander

4 years ago

Hi Donna

I see absolutely no reason for the tenant to have a claim against you. What is the basis of the claim?

Have you heard from the insolvency practitioner of the defunct business? If not I would suggest you get in touch with them immediately as you may be collecting and paying rent over to your client which is not legally theirs. This is of far greater importance to the claim from the tenants which, if you have provided the full story, should be dismissed very quickly.
.

Yvette Newbury

4 years ago

"Legal for landlords had advised me that I did not need to give landlord address as I was the full acting management agent". My understanding has always been that the agency address for serving of notices was acceptable (on the tenancy agreement), but that if the tenant requested the agency supply an address for his landlord, that the agency should divulge it. Is that incorrect?

Mark Alexander

4 years ago

Reply to the comment left by "Yvette Newbury " at "27/08/2013 - 14:40":

There was quite a big debate on this point on Property118 a few weeks ago, it was a split decision.

I believe that the identity of the landlord can be concealed, just as it can at HM Land Registry.
.

David Sweeney

4 years ago

Reply to the comment left by "Mark Alexander" at "27/08/2013 - 14:47":

But I hold the opposing view:

(1)(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a) any person who demands, or the last person who received, rent payable under the tenancy, (ie the agent) or

(b) any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

Jay James

4 years ago

Reply to the comment left by "Dave Reaney" at "27/08/2013 - 19:19":

of course, the landlord is fully entitled to move into the property the ex tenant use to live in. thus the address supplied will reveal little about the LL, whilst satisfying the law just above. 

the law just above shows the bias in favour of tenants.

where is the equivalent stipulation that tenants must supply an address where they have moved to, so that the ec LL can sue them for their assets?

It seems odd that some do not note that the ex tenant is just trying to hide from paying for their wrongdoing whilst bullying the LL and using technicalities to intrude into the LLs life.

Mark Alexander

4 years ago

Reply to the comment left by "Dave Reaney" at "27/08/2013 - 19:19":

Let's not go over the same ground again in respect of various interpretations of badly drafted legislation Dave. We can debate this until we are blue in the face but what we need is legislation to be changed or case law at the Supreme Court. When there is clear cut case law I will happily collect my £1 bets on this. Any more takers?

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David Sweeney

4 years ago

Reply to the comment left by "Mark Alexander" at "27/08/2013 - 19:58":

Agreed on all counts Mark 🙂

Antony Richards

4 years ago

Donna, I can see the basis for the ex-tenants claim so you need to tread very carefully. With respect to anybody posting here, you need very, very strong legal assistance. Take no notice whatsoever of opinions here, they are opinions, not facts, and not necessarily in full knowledge of the facts surrounding this case. SEE A GOOD SOLICITOR WITHOUT DELAY

Puzzler

4 years ago

Reply to the comment left by "Mark Alexander" at "27/08/2013 - 14:47":

How so? Title documentation can be purchased for £3. How can you conceal it?

Daniel Gilby

4 years ago

Have a 12 month fixed tenancy agreement until end of August 2013 with my tenant. He has only given me a weeks  notice to leave saying he doesnt need to give a months notice as it is a fixed periodic agreement.  Is he required to give me a months notice?

 

 

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