Let me first summarise the situation at hand:
- Landlord ("LL") defaulted on the mortgage and LPA Receiver ("LPA-R") was appointed in july 2008.
- LPA-R has received rent on time from me ever since their appointment and has accepted the STA has it was originally signed with LL, in which the deposit is documented (i.e. no new STA has been issues/signed after the LPA-R was appointed, but they have reviewed and accepted it)
- LL originaly protected the deposit through mydeposit.co.uk but this protection has now expired
- I paid my deposit originally to LL and LPA-R has not successfully transferred it from LL (nor have they made any serious attempts to do so)
I am now in a situation where the LPA-R says they won't protect my deposit as, according to them, the original LL still holds the deposit.
Personally I believe that to be wrong as the LPA-R has accepted me as a tenant, on the basis of the original STA in which the deposit is document and I have timely been paying the rent to the LPA-R ever since their appointment. The LPA-R having the powers to collect rent I believe they should also be obliged by all the landlord's contractual and statutory dutys toward the the tenant - but is this really the case?
Who has the legal obligation in regards to my deposit (to protect it and to return and at the end of tenancy) and who can I, if needed, file the 3 times deposit claim in the County Court against? The LPA-R (and defacto landlord) or the original LL (who still holds the deposit)?
Many thanks in advance for any information that could help me with this situation.