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Do you rent the whole property ?
Ok - then for the purposes of the law you are your tenant's Landlord.
Do they have an AST?
Ok - then you, as Landlord must have EPC and protect the deposit
If you didn't then the tenant can sue you for the return of the deposit AND x3 the deposit as a penalty.
If you didn't provide an EPC this is also illegal.
You may not have one from your Landlord, but that's not your Tenant's problem.
That was for you to satisfy yourself you had everything to rent out.
So if you are asking you are liable.
I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
Because the tenants have an AST and YOU are THEIR landlord.
So the law says you, the Landlord is responsible.
The main Landlord isn't the Landlord of your tenants.
The same with the deposit - the law say you MUST protect it
Does that clarify?
You might have a claim against your Landlord. But you still have a claim against you as you are your Tenant's Landlord.
You can be sued for:
1) Not protecting the deposit x3
2) The EPC
The HMO issue is only relevant if you didn't get a licence. The main thing here is the deposit.
You might have a claim against your Tenant for breach, but they have claims against you.
x3 the deposit plus the return of the deposit
EPC - That would be nominal.Technically they could claim ALL the rent back for nothing having a HMO
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