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eviction_bristol
31-03-2009, 13:12 PM
Hello

My 'friends' and I share a house on an AST. Since moving in we have had a number of problems such as the agent not protecting an extra deposit we paid.

My friends have objected to the poor state of the property and as such withheld some rent. the arrears now come to nearly £2,000. I today got a letter from the Agent's solicitors giving us seven days to pay or we would face eviction. We have never been provided a service address in england or wales. I understand the landlord/agent has to provide us with this info in order for rent to be owing and due. Am I correct in this belief and what do you propose we do next?

Thank You in advance

eviction_bristol
31-03-2009, 13:31 PM
Also, to clarify....the sum of £1950 is not equivalent to or greater than the sum of two months rent - not sure if that is relevant

mind the gap
31-03-2009, 13:36 PM
Hello

My 'friends' and I share a house on an AST. Since moving in we have had a number of problems such as the agent not protecting an extra deposit we paid.

My friends have objected to the poor state of the property and as such withheld some rent. the arrears now come to nearly £2,000. I today got a letter from the Agent's solicitors giving us seven days to pay or we would face eviction. We have never been provided a service address in england or wales. I understand the landlord/agent has to provide us with this info in order for rent to be owing and due. Am I correct in this belief and what do you propose we do next?

Thank You in advance

It may be that his service address is care of the agent, in which case you have no grounds to withold rent. You should contact the agent immediately and negotiate about how and by when, you will be able to pay back the arrears. If you do no do this you may well find yourselves subject to a section 8 notice and ultimately a possession order, which can lead to eviction. If the arrears at the point of the court hearing amount to at least two full months' rent for the whole property, that possession order will be mandatory.

The non-protection of the whole deposit is a separate issue from the rent arrears. Write to LL c/o agent and request the prescribed TDP details relating to the deposit(s) you have given him; say that unless he does so you will be obliged to file a claim for non-compliance. However if the total rent is more than £25k per annum depsoit does not need protecting as it is not an AST.

I am assuming you have a joint AST?

eviction_bristol
31-03-2009, 15:13 PM
The agent and landlord operate from same office in Scotland. All legal documents are to be sent to the scotland address and therefore no service address in england and wales has been provided.

Have already started a claim with reference the deposit issue.

yes, joint and several liability applies.

jeffrey
31-03-2009, 15:18 PM
The agent and landlord operate from same office in Scotland. All legal documents are to be sent to the scotland address and therefore no service address in england and wales has been provided.

Have already started a claim with reference the deposit issue.

yes, joint and several liability applies.
But is the property itself in E&W?

eviction_bristol
31-03-2009, 15:19 PM
yes the property is in england.

jeffrey
31-03-2009, 15:21 PM
It may be that his service address is care of the agent, in which case you have no grounds to withold rent.


yes the property is in England.
There's no address compliance [s.47/48 of LTA 1987], the rent is not recoverable by L for the time being, and the Court should dismiss L's claim.

eviction_bristol
31-03-2009, 15:27 PM
thank you - so if we get ordered to attend a court hearing, do we just explain this to the judge and would we then be able to claim for any costs we incur as a result of the hearing?

mind the gap
31-03-2009, 15:30 PM
I'm still interested to know what the rent is. If £1950 is less than two months' rent, then yearly rental must be getting close to £25k mustn't it?

eviction_bristol
31-03-2009, 15:31 PM
£1700 a month.....the arrears are as a result of one tenant not moving in due to the agent messing up the contract when we moved in. We are all paying our own share of rent but not making up his share.

Borat
01-04-2009, 12:50 PM
The non-protection of the whole deposit is a separate issue from the rent arrears.

Other than possibly making a counterclaim for the unprotected deposit plus 3x sanction against the rent arrears??!