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John, Solicitor
Category: Property Law
Satisfied Customers: 1902
Experience:  10 years legal experience
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How to find out the Landlords details and address? His name

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How to find out the Landlords details and address?
His name is***** , needs to know where he live because I need to know if my contract is correct and I will have my deposit back because I dont know if it is protected by scheme
Pls very urgent

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can.  I may also need to ask you some clarifying questions to determine the legal position.

Customer: replied 6 days ago.
Hi! Yes pls

Thanks for your message, I appreciate it is important to you. Section 48 of the Landlord and Tenant Act 1987 requires that a tenant is provided with an address where notices may be served on the landlord. Where it is not included, a separate notice should be served on a tenant. The address need not be the landlord’s home address but can be that of the landlord’s agent whether that be their letting agent, solicitor or friend etc.

You can request, in writing, for details of the landlords address (pursuant to Section 1 of the Landlord and Tenant Act 1985) then the landlord must respond, also in writing, within 21 days giving their address. To not do so would be a criminal offence.

Until a tenant is provided with the landlord's address the landlord cannot demand rent. Your contract should have an address on it for which you can serve a notice - in your case one in which to get your deposit back. It is unclear who provided you with the tenancy agreement but they would be the first contact for this.

Alternatively, you can perform a land registry search on the property for a nominal fee of £3 which will provide you with information about the property.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Customer: replied 6 days ago.
I m sorry someone called me just till minute ago, I will read everything now
Customer: replied 6 days ago.
Thanks a lot for all the info you gave to me.
I am a bit in the rush, I need the info in 2 days maximum as I have to give the formal notice.
The file I have attached is the land property registration document, which I paid 3£ and I sent to you so you can have a look and probably help me to understand if the contract I have is a legal lodger agreement or it had to be assured shortold tenancy. In this last case I can claim my deposit till 3 times,as shelter and citizens advice said to me.
Customer: replied 6 days ago.
The landlord said to me he lives in the building and so because he said there are bathrooms and shared kitchen in the building I am a lodger,but ,actually I dont share anything with him because I have my studio flat with kitchen sink,job,fridge,toilet,shower(even if this didnt work for 10 days and I am in self isolation because I am sick with covid) . Am I a lodger,anyway?
Customer: replied 6 days ago.
You say : Until a tenant is provided with the landlord's address the landlord cannot demand rent.
I want to ask : this is just in case I have asked even ,verbally and by message, to the agent?
Customer: replied 6 days ago.
Sorry : this is valid even in case I have asked verbally and by message to the agent?

Hello, the land registry document you provided will tell you who the owner of the property is under B PROPRIETORSHIP REGISTER. The document is different from any tenancy/lodger agreement and I cannot confirm from the land registry document whether your tenancy/lodger agreement is legal or not. I can only tell you who owns the property which is under the proprietorship register.

Whether in fact you are a lodger or a tenant under an assured shortlhold tenancy will depend on how you are living. It will not be determined whether the landlord is in the building or not but determined by if you do share common areas with the landlord such as a bathroom, kitchen, sitting room etc. If you do not share these facilities with him then you will not be a lodger. The fact you have mentioned agents also implies you are not a lodger.

And yes rent cannot be demanded by a landlord until an address is given, though I fail to understand as you have mentioned the landlord living in your building. However, as long as you have a contract and/or agency there should be an address on there which you can serve notice on the landlord.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Customer: replied 6 days ago.
I have Lodger Agreement, which i have signed ONLY because in the rush I was afraid my money were not protected . So I have asked to the agent to bring me a real tenancy contract the day after(17 May 2021) but I never did.
In the contract :
The rent : 650£ payble monthly in advance on the 15 day of the month
Deposit : 650£ to be paid on the signing of this Agreement with the Landlord.
Notice period : one month
A the landlord gives the lodger the personal right to live in the accomodation and to use the shared room.
B the lodger agrees to observe and perform the obligations set out in the standard provisions enclosed with this agreement
C this agreement can be ended at any time
Customer: replied 6 days ago.
But He never did*

I appreciate that. However do note, as an excluded occupier/lodger there is no obligation for your money to be protected by the landlord as it is with a tenancy under an AST.

There appears to be some confusion here as to what basis it is your living conditions are under. You cannot sign a lodger agreement then ask for a tenancy agreement after. There are certain rules for a contract to be classed as an AST and signing a lodger agreement does not negate that.

From what you have said, it seems like you are a lodger and not a tenant who would have sole exclusive use of the property. However, even so you are still entitled to get your deposit back less any deductions so if this is being refused you are able to take the landlord to court.

I hope this helps.

Customer: replied 6 days ago.
Hello,thanks a lot to get back to me and your help is very useful
Sorry my English is bad sometimes.
What I would like to know (because It looks like he is trying to make money out of me ) is if the name and address of Hugo West in the land registry provided can prove that this is not a lodger agreement because he is actually not living in the building. He is telling to me that because hi has a room here in the building, in which building there are shared bathrooms and kitchen ,this makes me a lodger, even if I dont use them because I have mine in the studio.
Also this Mr Hugo West ( the apparently landlord) said to me that a verbal notice or sms was ok to leave this week end but then he called me today and said that his partner,that I dont absolutely know even he/she exists, doesnt allow me to leave without written notice .
In the eve he called me back and said he is finding someone else and so I can leave just with an sms notice
But in the lodger agreement i have signed this is written :
E the Landlord 's /landlords agent address for service of notices*****Walthamstow E174QS is the address given for the landlord at the start of this agreement
Signed by the Landlord LJ (lynden johnson)
Lynden Johnson is the agent
Customer: replied 6 days ago.
another question is : if I give notice by sms as he said, it is legal?
Or can be that he says in the next days " no,the people dont want to cone in the studio so you cannot move without 1 month notice" like he already did before?
Customer: replied 6 days ago.
make me pay next month rent and also put me in trouble with the tenants of the new house where I am supposed to go?
Customer: replied 6 days ago.
Is service of notice by post ?how exactly? Or could that be in other ways?
I apologise for my ignorance

Hello, the land registry document you provided shows Hugo West under the charges register as a beneficiary. This is not necessarily your landlord nor will have anything to do with the agreement unless it is specifically stated that Hugo West is your landlord on the agreement. The land registry document will only tell you who is the owner of the property, whether by freehold/leasehold and this is the only information that is relevant to you. For clarity - the land registry document has no bearing on any contractual lodger agreement you have, except to tell you who owns the property.

To be a lodger, it is clear, the landlord himself must be living in the same property as you and sharing common facilities.

If you have a lodger agreement, you will know the agreement will be for a fixed amount of time e.g. 12 months from January - February. If there is an agreement that says one month notice, then you must give that one month notice. If there is no specific notice, then you must give notice in line with how frequently you pay rent e.g. if you pay weekly, you give 1 week notice or if you pay monthly then give 1 month notice. It just has to be reasonable.

A verbal notice, or sms or in writing are all ok if you are a lodger. You do not need a written notice to leave, though one is preferable.

It seems you have the address for service with an agent signing on behalf of the landlord, so if you wish to sue for your deposit back then you should use this address.

From my understanding your notice is one month as per your agreement so as long as you are not in a fixed term, then you can give your notice and leave, if you wish.

I hope this helps.

Customer: replied 6 days ago.
That is the point :To be a lodger, it is clear, the landlord himself must be living in the same property as you and sharing common facilities.You said :
the land registry document you provided shows Hugo West under the charges register as a beneficiary. This is not necessarily your landlord nor will have anything to do with the agreement unless it is specifically stated that Hugo West is your landlord on the agreement.I know it is Hugo West ONLY because I paid and found out in the land registry document : he said to me he is my landlord. In a sms he signed himself as Hugo.
So , to find out if he was the landlord ,living in the building ,after I didnt received any info about him when I have asked to the agent , I paid for that document and found his surname is***** cannot find out if he lives in this building or if the address that is in the land registry document is where he actually lives.
If this man isnt my landlord ,and / or he doesnt live in the building , am I still considered lodger?
Thanks a lot for all of your patience and help

Ok thank you. The land registry will not confirm who lives in a building, it only confirms ownership, covenants, charges etc and addresses on there only show as registered with HM Land Registry not necessarily where someone lives. E.g. you could own a property and have it registered but you may live abroad. So it is hit and miss to know if the address he has there under the charges register is is dwelling place.

If your landlord does not live in the property then you are not a lodger. Your landlord must be living with you and sharing common facilities with you for you to be a lodger.

I believe your best cause of action is to liaise with the agent noted in the agreement; Lynden Johnson. This is who the agreement was signed by, and you should use this address for any court proceedings you wish to issue. If he is not responding to you then you must inform the council and report the matter to your local council for investigation.

Customer: replied 6 days ago.
I am asking this to you because Shelter suggested to me ( after I have been treated in a pretty rude way by this arrogant man and I have called them in tears and scared , as he said to me he was going to put me in the street at the end of the week and other rude things)
They were also trying to figure out if my agreement isnt correct because, in that case , I repeat, for a series of rude and bad things I have received from him, I can claim 3 times the value of the deposit.
Can that be correct?
Again thanks s lot for your help

You can claim up to 3 times the value of the deposit, if it was not protected in a tenancy deposit scheme, yes. But it only needs to be placed in a scheme if you have an AST. If not, then this would not apply I'm afraid.

Customer: replied 6 days ago.
even if my lodger contract is not correct, but I have signed it (my mistake because the fear ,ignorance and rush) and It is a false lodger contract because technically had to be an AST (in case this landlord doesnt live and share facilities and living area with me in the building) I cannot anyway have the right to claim up to 3 times the deposit .
Bless you for your patience

If the lodger agreement is incorrect, in that it should have been an AST, then the landlord should have followed the rules of an AST which does include protecting the deposit. If not, then yes you can claim for compensation.

Customer: replied 6 days ago.
I guess now the "picture" is pretty clear , thank you very much.
The only way I have to understand where this man lives is the appointment with the council that I have tomorrow at 12.
As he is not even mentioned in the lodger agreement given to me, this gives me the right to claim the deposit compensation,in case he doesnt also lives in the same building, other then I dont share anything with him and any tenant in the building, I have only the entrance in common ,basically, a small corridor.
He said he also has a partner involved , and he asked me to pay the rent in his account and not in the agency account. But he said even after I had texted him an sms about the notice .

It all sounds a bit underhanded and incorrect, I hope your meeting with the council brings a favourabe outcome for you. All the best, John

Customer: replied 6 days ago.
Thank you very much for your advices and all of your help, I hope the same and to resolve in the best way.
All of the best for you, you have been amazing

My pleasure, I am glad I was able to help. Good luck. Have a great night.

John and other Property Law Specialists are ready to help you
Customer: replied 6 days ago.
Bless you!!!!!!!

Thank you. Take care

Customer: replied 5 days ago.
Hi John
I have found out,speaking with neighbourds, in the building there is a toilet with the shower but the landlord needs to give you a key. Obviously nobody gave to me that key. I have asked where the shared kitchen is and the people here (they came out from 4 different flats) said there is not kitchen, everyone has his personal in every flat. They confirmed they all live in different studios or flats in the building .Also the landlord apparently does not live in the building ,because I have asked them where to knock and speak to him. They have ssid he doesnt live here in the building.
At this point , how do I can move against him?
I have been to the council, they were suggesting to start to move and claim what I have to because the agreement I have received is not a correct one but just a piece of paper .
Because I had to have an AST agreement , but I received just troubles and stress, how can I make my steps in the best way?Thanks a lot again