Any help and advice would be greatly appreciated.
I have an AST with a private LL via a LA. The fixed term is 12 months and I am 6 months into it. The AST I have is signed by the LA (even though I know it is between me the LL) and my deposit is protected under a custodial scheme under the LA name. I pay rent on a monthly basis via standing order, and have done so meticulously with no late payments or missing payments.
I was contacted by the LA, last week via telephone, to inform me that the LL (for reasons I am not going to go into) is no longer in a position to pay their mortgage and so the lender will, at some point take possession the the house. The LA told me that at any point the lender could turn up at the property and change the locks on my rented property (I know this to be rubbish). At this point I have not been served with any formal notice of repossession by the lender or any eviction notice (like a section 21) from the LL/LA. I have had no contact with the LL either and all the LA has ignored emails in the past, avoided email communication where possible preferencing telephone calls and I believe withheld information from me.
The LA and I have been unable to agree to the terms or date of a mutual surrender, and beacuse of this the LA has decided to pull out of dealing with either me or the LL regarding the matter citing the trouble it has caused the LA, and therefore will no longer act as the LA for either the LL or I. The LA has refused to provide an email as documentary evidence of this when asked.
I am now in the position that I do not know who to pay my rent to for the next standing order. Do I pay the LA or the LL? Someone I know has suggested that I write to the LL and LA and state that I am going to hold back rent (not withhold) until I am informed who I should pay rent to? It was suggested this letter would be admissible and defensible in court, but I’m not sure. Also in respect to my deposit, what happens now that the LA has (or so I am lead to believe) resolved to remove their interest from the situation, as it (the deposit) is held in their name and not the LL’s? Lastly someone I know has advised contacting the lender to ask whether of not the tenancy agreement I have with them is binding on them as the lender or not. Am I allowed to do this and is it legally defensible? The land registery has the lender down as Bank of Scotland PLC but this comprises several separate commercial banks, can I find out which one the LL has their mortgage with?
Thank-you in advance!