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I rent a property from private landlord. I have Short-Hold…

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I rent a property from...
I rent a property from private landlord.

I have Short-Hold Assured tenancy agreement. Started on 01/09/2009, duration 12 months, 6 months break clause. The property is leasehold.

The contract has been signed by the Estate Agency managing the property as Landlord. The Agency had told me they are the owners of the property. No other names or people have been mentioned as landlord in the agreement. There is no mentioning that the people who signed the agreement are the Landlord’s Agents. The Estate Agency has financial interest to hide who the legal owner is.

Few months after signing the contract I have been informed that the owner of the property is a third party. This person did not sign the agreement. His name is XXXXX XXXXX the agreement.

The Estate Agency has financial interest to hide who the legal owner is. The rental prices in the area where I live for the same type of property are around £900.
They have a contract for quarantined rent with the owner meaning that they receive from me £1,040 a month and pay him only £850.- This means the Agency profit around £200 for nothing. On the top of that they earn money for managing the property. Actually for 10 months they have not visited the property even once.

However, there is a text in the agreement saying: “In the agreement the word ‘landlord’ includes all those people listed on this Agreement as being joint or sole landlord of the property, and their successors in title from time to time”.

It says further “The Landlord listed on page 4 of this Agreement is the owner of the leasehold or freehold of the property”.

On Page 4 of the Agreement are listed just myself as a Tenant and the Estate Agency as Landlord.

My question is 'Is this agreement actually legal?' If it is illegal what would be potential consequences? As I receive housing benefits to pay part of my rent shall I notify the Housing department if contract is illegal? Can I sue the Agency for malicious falsehood?

Today I have received 2 months notice of possession of the property saying that the fixed term contract is coming to end on 31 August 2010. What shall I do?

Thank you in advance
Submitted: 8 years ago.Category: UK Law
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Answered in 12 minutes by:
6/30/2010
Solicitor: Joshua, Lawyer replied 8 years ago
Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,154
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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THe EAs must supply you with a name and address for service in the agreement - it is a requirement of the Landlord and Tenant Act 1987 (s48) and rent is not lawfully due unless this is done. THe address does not have to be that of the landlord.

In fact it is very easy to find out as ownership of all registered properties is a matter of public record. You can download title documents here for I believe £4. Alternatively the Estate Agents must notify you of the landlords name and address within 21 days of your making a written request for it.

Otherwise the arrangement whereby the agents deduct a monthly commission for collecting rent etc is fairly normal and I would imagine the landlord is aware of it as he would have signed an agency agreement.

THe notice you refer to appears to be legally valid providing it specifies a move out date as being the day before rent is payable.
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