Tenancy agreement now void or is it?

by Readers Question

8:01 AM, 12th May 2016
About 3 years ago

Tenancy agreement now void or is it?

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Tenancy agreement now void or is it?

Hi all tricky one for me but hope someone out there has an answer. I have a tenancy agreement now periodic, but the agency managing the flat have been dissolved voluntary strike off confirmed it via companies house.void

Is the tenancy agreement now null and void and what happens next.

Many thanks

Ashley



Comments

Neil Patterson

8:03 AM, 12th May 2016
About 3 years ago

Hi Ashley,

Was the tenancy agreement not in your name?
Do you know where the deposit was protected?
Have you received all the rent due?

8:25 AM, 12th May 2016
About 3 years ago

tenancy in my name
no deposit paid
all rent been paid for several years to a dissolved company

Mike T

9:56 AM, 12th May 2016
About 3 years ago

First thoughts; Have you been in touch with your tenant ? Get a new tenancy agreement in place - with or without a deposit. Are you now receiving rent direct from the tenant ?

Steve From Leicester

10:07 AM, 12th May 2016
About 3 years ago

Not clear if its landlord or tenant asking this question, but either way here's the general rules:

Usually the tenancy agreement is between tenant and landlord. The agent is exactly that - an agent of the landlord who, amongst other things collects rent on the landlord's behalf.

Assuming this is the case the tenancy agreement continues unchanged. Once the landlord has appointed a new agent or decided to move forward managing it himself he needs to formally notify the tenant of the new contact point for maintenance and other issues relating to the tenancy, and also formally tell the tenant who he should pay rent to in future.

The landlord should also check that the deposit remains protected in an approved scheme. If for any reason it is no longer protected (e.g. the agent held it and has run off with the money) the landlord must immediately remedy this situation and formally notify the tenant.

10:28 AM, 12th May 2016
About 3 years ago

was not notified company was dissolving and carried on paying to companies name for several years until told to pay different agency and diff bank details but still all same people
so paid to dissolved company from 2010 to 2013 what happened to the payments as they were supposed to cease to exist 3 years unaccounted for
don't sound legal.

Mike T

10:35 AM, 12th May 2016
About 3 years ago

Reply to the comment left by "ashley peters" at "12/05/2016 - 10:28":

hi Ashley, Are you the tenant ?

10:55 AM, 12th May 2016
About 3 years ago

yes

also received email from companies house stated company was struck off for non compliance
but now i need to know what happened to the 3 years payments i made
as rents would not be lawfully due during that period
is the tenancy agreement now null and void
the agency was and still is the landlord
just different name and bank account which didn't change till several years after being dissolved
i have been told this could be phoenix company or something like that

Neil Patterson

11:05 AM, 12th May 2016
About 3 years ago

Hi Ashley,

There is obviously a Landlord here that owns the property and must have been receiving the rent owed to them for such a long period, so can I ask what your real question is here please.

11:13 AM, 12th May 2016
About 3 years ago

very complicated situation
possession notice is being counter claimed
was given two weeks to supply evidence
can the judge at the hearing if he suspects any wrong doing refer the case to the high court for prosecution on the landlord

Romain Garcin

11:25 AM, 12th May 2016
About 3 years ago

Rent was due, you paid it where told, and presumably it must have been received since no-one complained.

That's about it, really.

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