Tenancy agreement now void or is it?

Tenancy agreement now void or is it?

8:01 AM, 12th May 2016, About 8 years ago 26

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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


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Comments

11:41 AM, 12th May 2016, About 8 years ago

not that simple

11:43 AM, 12th May 2016, About 8 years ago

struck off no longer exists ceased but still trading for three years
this is illegal

Mike T

11:43 AM, 12th May 2016, About 8 years ago

Reply to the comment left by "ashley peters" at "12/05/2016 - 11:13":

Hi Ashley,
As Romain has said, you have paid the rent and every indication seem to be the 'Landlord' has received it. Now you mention a possession notice has been served, on what basis ? was it for unpaid rent i.e arrears ? Or, did the 'landlord'/notice give you two month notice ? And has the landlord now applied for a repossession order which you are contesting ? and now counterclaiming on what grounds ?

11:46 AM, 12th May 2016, About 8 years ago

if company is struck off and tenancy agreement is in the name of that struck off company doe's that now make the agreement null and void

11:50 AM, 12th May 2016, About 8 years ago

also dissolved company bona vacantia

so how was it possible to carry on paying rent unless something is not quite right

11:51 AM, 12th May 2016, About 8 years ago

like i said very complicated at the moment

Rob Crawford

12:09 PM, 12th May 2016, About 8 years ago

I don't think its that complicated. You have a tenancy agreement and you have met your obligations in paying the rent as described in the agreement, I assume you have proof of payments made? The fact that the agent has gone out of business is irrelevant, your agreement is with the landlord albeit via the agent. The agreement is still valid. I would have expected the landlord to have contacted you with a new agreement and directions on where the rent should be paid. If the landlord did not do that it is not your problem. Even if the judge said the paper agreement is invalid (I don't think he/she will) you can argue that under common law a tenancy still exists. I assume you have engaged a solicitor - how are they advising you?

Mike T

12:38 PM, 12th May 2016, About 8 years ago

Reply to the comment left by "Rob Crawford" at "12/05/2016 - 12:09":

Hi Rob,
I agree with you. IF Ashley has been paying the rent, to wherever he was asked to, the agreement is still valid. Ashley has not confirmed that he has kept payments up to date. So we are left in some doubt to his real situation here. Rather than answer the questions in my early comment Ashley seems to be focusing on the matter of the 'agent company' and asking questions that we can not help him with because at the moment they are only hearsay, vague and getting away from the fact that a quite legal repossession is being sought by a landlord. Without a clearer picture constructive advice or opinion is difficult.

14:47 PM, 12th May 2016, About 8 years ago

basics from the beginning i will modify some questions as not to give any names
i sold my flat to a company in 2008 sale and rent back with special
terms and conditions attached
in feb 2016 those condition matured
but instead of receiving special conditions we find out that the company we supposed to have sold to passed the sale agreement to someone else without my knowledge
but the company we supposed to have sold to run the management of the flat as the landlord but someone else the supposed landlord is unobtainable
attempts to evict us from my flat has proved to be a bit of an effort for the company and landlord involved
2 failed s21s and now a s8 notice with an adjournment for further evidence to supply
i have all the forged tenancy agreement original contract of sale which is void
the new landlord who is registered on land registry is not the landlord we signed sale for
they are trying to evict as a retaliation for me asking to many questions about the sale of my own flat at a substantial discout i ad
company dissolved for three years before we were told to make rent payments to new company which we know know are the same people and directors and landlord i only owed two months rent which i was led to believe was covered by what was owed from the company
s21s were struck out because agent signed not landlord

also the recent s8 has been signed by agent not landlord
the so called landlord details are kept from us
s48 recently given for addresses of so called landlord checks done by me do not have that individual registered.

like i said very tricky situation which i hope will be resolved in court in june as i have 100% evidence copies of all correspondence which shows the company to have acted fraudulently
which i believe all the fault falls on the shoulders of the companies director who signed to buy the flat at the first instance.

in effect though we do not have a signed sale agreement we do not have a signed tenancy agreement.

living in Leicester AND NOT LIKING IT HERE ANYMORE

Mike T

15:04 PM, 12th May 2016, About 8 years ago

Reply to the comment left by "ashley peters" at "12/05/2016 - 14:47":

Yep ! Ashley, as you say "a little complicated" !
Good luck, I hope it works out alright.

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