I never signed a new contract with the new landlord. The contract I have is with the old landlord who I believe is a solicitor. I do have his Name and address
Alex - thanks for the message, though I'm now confused. The legal advice I received at the time of this dispute stressed that the new landlord is responsible for the tenancy agreement that I signed with his predecessor. His reluctance to return my deposit is understandable as he never received the 4 months outstanding rent along with the deposit. However surely this is irrelevant as I have been paying rent at the same time every month to the new landlord for 5 years, meaning that he de facto consented to the terms and conditions of the contract - regardless of the fact that he was not the owner at the time. As an analogy, if a car crashes into me from behind, I sue that driver, not the person who may have initiated the crash from behind them.
Really? I took advice at the time and I was told that if a new contract is not signed, then the old one including terms and conditions stand... are you saying that this was incorrect legal advice?
Ok - so I have the tenancy agreement in front of me and it was with the old landlord - true. My understanding is that the new landlord consented to it because he accepted rent off me, if he did not consent then the onus was on him to draw up a new contract, which he did not do therefore he is liable. Do you agree with this analysis?
I do take your point regarding suing both and letting the courts decide who is liable
Yes a few more points
What does 'Assigned' 'agreement allowed for assignment' and 'tenancy at will mean' in this context?
So I'm clear - does this means that for 5 years that I was paying rent to the current landlord, that I had no legal contract obliging me to do so? Plus he was not obliged to carry out his landlord duties during this time? All because the contract became defunct after he took ownership of the property and a new contract was not issued between myself and him?
Alright - so next steps - I read that if the landlord has not protected my deposit in a Tenancy Deposit Scheme, then I can claim for x3 the amount & there was something about an 8% interest penalty that can be added... is this correct?
So this would be the process: 1. Send x1 recorded letter to both old & new landlords asking for payment within 14 days. 2. If monies are not received, then put a claim against BOTH via the MCOL website. 3. The claim would include a x3 amount & 8% penalty on top of the deposit sum.
4. Await a judgement? What else can I do? What if one or both contest?
In addition will I need to scan / upload all of my papers / Emails etc to the claims website, or send hard copies to a postal address?
Re the process, are points 1-4 the way to proceed?
I think that more or less covers it unless you think there is anything else I should do / be aware of?
Ok thanks for your advice, I'll end the chat here and rate your service by clicking on one of the faces