Landlord in receivership - tenants rights?

calculator

Hi all,

Apologies if this has been asked elsewhere. I have been living in my apartment for the last 2 and a half years approx. I recently received a letter telling me that my landlord had gone into receivership and that I had to pay rent from now on into a new bank account. I have now been told that the apartment is to be sold and I was wondering if this situation has any affect on my statutory rights?

Specifically, I am wondering who is now holding my deposit and and also what notice I have to give (and be given) if I move out? I have tried to contact Threshold and have so far been unsuccessful so all advice would be much appreciated!

djimi

What kind of lease do you have; have you renewed a fixed term lease at the end of every year or are you on a part 4 tenancy?

On a fixed term lease you are secure in the property until the lease expires at least. The new owners of the property would become your landlords but they are bound by the terms of the lease in the same way the previous landlord is.

On a part 4 tenancy the landlord can ask you to leave if they want to sell the place, but at a guess I would imagine that the recievers will be happy for you to remain paying rent until they can offload it at least.

Im not actually sure what the story with your deposit is to be honest. I would imagine that the new landlord is responsible for it, but someone more knowledgable will probably clarify that.

the_syco

djimi wrote: »

Im not actually sure what the story with your deposit is to be honest. I would imagine that the new landlord is responsible for it, but someone more knowledgable will probably clarify that.

Ask who the new landlord is, get their details, and ask them. Also, who did you pay your deposit to?

calculator

Thanks for the replies.

@Djimi, we are part 4 I think, we had previous fixed term leases but our last one lapsed at the beginning of this year. I had heard somewhere that the same tenant's rights do not apply in the case of receivership - I was wondering if anyone could clarify that?

@the_syco, the new landlord is a firm of solicitors acting on behalf of a bank. they haven't been particularly helpful thus far! I paid the deposit to a letting agents acting on behalf of the original landlord but they no longer have anything to do with the property.

paul71

If they are being unhelpful simply tell them that since you have no contract with them that you will continue fulfill your obligation under your currently legally binding lease by paying your existing landlord. This should elicite a response from them at which point you can tell them you need the status of your deposite to be clarified.

I would also question the legal basis of what they are calling a receivership. An individual cannot go into receivership only a limited company can, if it is the case that the landlord is a limited company then I would ask the solicitor why you as a creditor did not receive a proxy to attend a liquidators meeting and tell them that the appointed liquidator can be replaced by the courts as due process was not followed.

I suspect that it is not a receivership and that the bank are simply reposessing a house from an individual in which case you should not pay rent to the solicitor until you have seen evidence that the Bank has indeed secured posession of the house. If Threshold cant help try to obtain free legal advise through a local Citizens information office as to my eye the word Receivership does not sit easily with an individual landlord.

calculator

@ paul71,

Thanks for the reply. we were sent a copy of the deed of appointment of receiver to the landlord (looked fairly official but am not a legal expert) so I am proceeding in good faith that it's above board.

the main issues we have are:

- who is now holding our deposit;
- what notice period is required (as we are no longer in a fixed term lease)?
- from whom can we obtain a reference?

All and any advice is greatly appreciated