We recently had a number of issues on trying to vacate my rented property and we have been advised that the situation has justification to be resolved through the small claims system. However we are just trying to seek clarification on whether the claim should be against the letting agent or the landlord.
Brief summary. We are in a situation where there has been a breach of Section 48 of the Landlord and Tenants Act 1987. The landlord lives overseas but, as per the regulation, (para 1 – A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.) neither the letting agent nor the landlord provided us with an address in England or Wales for the landlord. However, not knowing that para 2 states – “Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection” we continued to pay rent when requested to do so by the letting agent.
Due to many other problems we have had with both the letting agent and now the landlord, we have reached the end of our tether and have made the desicion to pursue recover of the rent we paid during this period through the small claims court. However, I am not sure who this sould be directed to. The letting agent for incorrectly requesting the rent payments or the landlord? If it’s the landlord where we stand with the fact that he is based overseas?