Landlord in recievership - no deposit back

Countryripple

Hi all.

We got notice two weeks ago from our landlord who has been in recievership for nearly a year, that the recievers intend to sell our property and we must leave at the end of our current lease at the end of Sept.

We have been paying our rent for this period to the receiver. Upon contacting the landlord to find out whom we shall contact to get our deposit back, he told me to contact the reciever.

The reciever has said that we should not pay our last months rent instead of getting the deposit. But our final months rent went out as usual in our standing order last week. The receiver has told me now that our deposit was unsecured and we probably have no way of getting it back. We are extremely p&&%$d off with this news as you can imagine!!

Our reciept for our deposit payment two years ago is actually from the estate agent who let to us.

Should we be pushing at them as the party we have the receipt from demanding that they pay it back to us?

Really annoyed about all this.

Any advice appreciated.

Thanks

Bigcheeze

As the receiver has told you that the deposit should be used as the last month's rent, you have effectively paid rent up to 31 October.

Alternatively the receiver should simply refund the rent that has gone out. If the receiver has taken over the benefits of owning the property i.e. collecting the rent, the receiver also has the obligations of ownership. i.e. making good the deposit or offsettig it against rent

not even wrong

Overhold until you've used up the rent you've paid. There's realistically nothing they can do if you refuse to move out, as getting an eviction order takes a lot longer than a month and it's a lot more expensive than a month's rent.

mebird

No point in pursuing the receiver, you are way down the list of unsecured creditors. No chance.

I agree with "Not even wrong's" post.

Bigcheeze

If the receiver needs you out and you tell the receiver that you intend to stay on they may just return the rent to you. Given that he instructed you not to pay the rent and then accepted the rent he probably has a legal obligation to return it. There are many scenarios when receivers have a personal liability for acts carried out under receivership. e.g. new debt incurred. If it suits you to stay, just stay.

Spread

I'd agree with what Bigcheeze says. I wish you all the best. You could of course turn the tables .......... if you get the deposit back, then overstay.

Mister Dread

Overhold for a year. They won't be a to get you out. Trust me.

And in future never pay rent by standing order. I've agreed to them before but always just do online transfers. Gives you more control.

mebird

Bigcheeze wrote: »

Given that he instructed you not to pay the rent and then accepted the rent he probably has a legal obligation to return it. There are many scenarios when receivers have a personal liability for acts carried out under receivership. e.g. new debt incurred. If it suits you to stay, just stay.

The debt... i.e the security deposit was not incurred on his watch, tenant was owed that money before the landlord went into receivership. Receiver can only manage what is in front of him now and probably has no record of deposits. He cannot be seen to return any money at all when existing secured creditors are in place.

This receiver was being a really nice guy by telling the tenant not to pay the last month's rent.

I think everyone agrees that the only justice you get, will be by overstaying.

Bigcheeze

mebird wrote: »

This receiver was being a really nice guy by telling the tenant not to pay the last month's rent.

I think everyone agrees that the only justice you get, will be by overstaying.

Don't think nice guy comes into it.

He knows there'll be hassle if he's not in a position to return the deposit. As I said, if the receiver wants the OP out by end September he'll do the sensible thing and return the rent.

He may well need to overstay but it's worth exploring the common sense approach with the receiver.

quietsailor

Countryripple wrote: »

But our final months rent went out as usual in our standing order last week.

Have you cancelled the standing order - there is no mention of it anywhere in your posts and it would be beyond stupid if you don't cancel right away.

Countryripple

Hi All,

Thanks for the repiles. We have since cancelled the standing order. But the last months rent had gone out early last week before any of this transpired.

After phoning the guy in the receiver every day this week for an update, he this morning told me that they shall be able to return the deposit pending the return of our keys and an inspection of the property.

I emailed him and told him to arrange that someone comes to collect the keys and inspect the day we are due out. I also asked him if he could forward a letter to us stating what he told me on the phone, but he said this would not be forthcoming.

What we are wondering now is, is there a limit to the lenght of time that can pass before they return our deposit?

Thanks for the advice

paul71

On your last post, be careful about returning the keys before receiving the deposit back. I would arrange a receipted cash swap for the keys.