UK Landlord Forum / Life

I bought a flat with a tenant in situ 4yrs ago, I was under impression that legally the tenancy he had signed now an AST just passed with the ownership. (Definitions section says Landord-  A person, or persons who at any relevant time own, or have formal interest in the premises)
Tenant left without notice and disputing deposit for arrears with TDS as saying no signed agreement with me.
All TDS info provided at time and email confirming we were new owners acknowledged, rent paid to us for 4yrs and multiple visits to fix things etc.
I'm now confused why TDS are passing for adjudication when I've advised al of the above!
1. Am I right about tenancy continuation
2. If yes any idea why TDS not paying out.(he admitted left without notice!)

A new Landlord does indeed "step into the shoes" of the old Landlord... but you are supposed to take certain actions (which might, might not include a new agreement) which include some kind of formal notice (Section 3 of the Landlord and Tenant Act) to the Tenant advising them who their new Landlord is. Things don't just happen as automagically as you think I suppose. If you didn't actually do this part then it may well trump other considerations.

Besides, if the Tenant left, and there was no notice period... did you just do nothing with the property for the remainder of the time? There's a difference - obviously - between leaving without notice and leaving without giving any indication of that... i.e. you were unaware until rent stopped coming in. So... if you were made aware, did you sit on your hands for the remainder of the rent period, or were you in there, messing about, doing the odd fix, maybe the odd improvement and marketing for the next Tenant? Honesty here is important... if you are claiming for what you consider unpaid rent of (I assume a month or so, something pro-rated maybe?).

The tenant can make any claim they like, it doesn't have to be valid or legally correct.

When the completion happened, did you reprotect the deposit and give the tenant the new Prescribed Information?

Thanks for responses, tenant was advised and acknowledged new ownership of flat. Deposit re-protected and All prescribed info updated and sent and again acknowledged.
He didn't pay his rent which prompted usual notifications asking if there was a problem and asking to pay the outstanding. He had underpaid by a week the previous month as well as complaining about a leaking tap!
Eventually after a number of chasers giving 7 days etc got reply saying flat yours, keys inside.
I was on holiday at the time for 2 weeks so when we got back we went and cleaned it and then started marketing  it for new tenants which we didn't get for another month.
I'm only asking for the underpayment and the 4 weeks notice he should have given, accepting that even though he didn't tell me he had left for a couple of weeks after rent due for the period.
Could have charged for cleaning etc as well but thought not worth hassle just get the rent due.

Personally I'd call it quits and be happy that the situation was so easily resolved.
It could have been a drawn out, costly and stressful issue.

There are landords with poor paying tenants who'd love to be in your shoes.

I'd also look the other way.

You can argue it, but I would do that - whistle while you work. Focus on the future rather than the past. Maybe even pretend (even if to yourself) that you don't care.

I agree with both the above.There will be landlords reading this who are envious,you have your house back intact,and a small financial loss that you can bounce back from.

 Hi all,
Just a quick update on this one, went through TDS dispute and followed advice on here relating to how to set claim out etc.
Taken a while but today received notification I was awarded the full deposit.
Guess goes to show if you follow the rules and set things out accurately the system can work!