How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

The letting agency that rented us our home has stopped trading

Resolved Question:

The letting agency that rented us our home has stopped trading and liquidation is due to be started. What happens to our contract that they organised between us, the agent and the landlord?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Your contract is with the Landlord, not the agency so the contract continues. This is because the contract can only be with the owner. The agency manages and may even sign on behalf of the Landlord.
But the Landlord is who the contract is with - so you still remain a tenant and nothing changes.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

£38 for the detail in the answer is very poor, and £37 per additional answers is just simple a scam to con people out of money.

Expert:  Ash replied 2 years ago.
It is one fee, for all answers related to one question.
What else would you like to know?
Alex
Customer: replied 2 years ago.

My apologies. Yesterday your system would not give me access to my answer at all, today it keeps asking me to pay £37 for each question, only after my feedback has this reply to expert feature worked. So I am a tad stressed.

The agency went under and has our deposit but the compnay had been bled dry of money, the deposit is in an insured scheme but they said it will take a few months to get the money back. Can the landlord demand a new deposit before the insurance payout.

The other question is the agent was a good agent but the landlord is a very poor landlord so if they manage us direct there will be lots of problems. They refuse to do maintenance in the house we have and stuff that is essential can takes months to get done. Do we have any rights to terminate the contract, there is not in the wording of the contract.

Expert:  Ash replied 2 years ago.
Wasnt your deposit held by a Tenancy Deposit Scheme?
Customer: replied 2 years ago.

TDS confirmed the money will take months to come back to us.

Expert:  Ash replied 2 years ago.
Ok. The contract between you and the Landlord still stands. You have your right to remain as a AST tenant under the Housing Act. So those obligations and rights stand.
As for the deposit, again your Landlord can ask that it is returned at the end of the tenancy. If it is not then you can issue a small claim against the Landlord and TDS for the return of the money.
Does that help?
Alex
Customer: replied 2 years ago.

Not really no as you have not answered my questions.

TDS pay the money back to the tenant, the tenant then either gives it to the landlord or their new agent provided there is a new scheme in place to protect it is what TDS have said. However other people affected by me have been forced to give new deposit before they got their money back, which seems to be unfair and I want to know if it is legal to ask for the deposit to be replaced before the tenant gets it back.

Are there any circumstances in which the tenant can terminate the agreement if the Landlord is a poor landlord.

Expert:  Ash replied 2 years ago.
On what basis has the Landlord been 'poor'? How far into the tenancy are you?
Customer: replied 2 years ago.

They had a conservatory added to the house, they used poor builders the land subsided and left a 4 foot hole our son could fall down. Took 6 months for the agent to convince the landlord it was not our responsibility.

The fencing blew down leaving the house open to burglars which there are plenty of where we live, and leaving us in a fish bowl type environment for people looking in where we live for 4 months before they agreed to replace the fencing.

Shower leaked into the floor below, took 6 months to get authorisation to fix it from the landlord.

Refused point blank to replace the showers in the house that have worn our mechanisms so in one shower we get cold water in the other scolding hot.

These are just a few instances, in general they do not want to maintain the property.

We have never missed any payments, we have with their permission fully decorated that house, we pay gardeners to restore their dying grass and to maintain the gardens, we re-stained all their fencing for them to ensure it weathers better. We have replaced items like door handles that wore out free of charge so we did not have wait months with doors that don't close and so it goes on.

The agency said we were brilliant tenants we always passed inspections with flying colours, they confirmed the owner is a Chinese lady who commutes between the UK and Hong Kong and gave them no end of problems, her view being we live in the house everything is our fault.

I have PTSD and don't want to be exposed

Our tenancy runs out in June 2017.

Expert:  Ash replied 2 years ago.
Potentially if the landlord has breached the contract you can end it, but the longer the breach goes on the harder it is to claim breach. So if you are going to do that you need to end the contract now and move out.
You can then ask for your deposit and any losses back,
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

OK so what is still not clear is the desposit. Can the landlord as us to replace the deposit before we get our money back from the TD scheme. Same question if the landlord appoints a new agent, can the agent insist we pay the deposit before we have our money back from TDS?

Expert:  Ash replied 2 years ago.
No they can't insist. It is your deposit and you are entitled to it back.
Does that clarify?
Alex
Customer: replied 2 years ago.

Ok thanks.

Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex