I have paid a Letting Agent over �4000 and they have now gone into voluntary liquidation and did not forward any of the funds to the Landlord. I intially paid �2,200 by EFT to them as a deposit and one months rent. They said they had not received it prior to moving in, so I paid it again as cash (and they promised they would return the electronic funds transfer when it arrived). I moved in. I have now found out from the Landlord (who is based in Australia) that they have gone into voluntary liquidation and that he did not receive any of the funds, and they also did not put the deposit into the required scheme. I feel that it is the landlords problem, as he appointed them as his agent. That he needs to return the second �2,200 to me and allow me to stay in the property for the first month without any further payment and then return the deposit when I move out. He however feels that I need to pay him for rent owed to date and that it is up to me to become a Creditor in the liquidation proceedings. I have a lease and I'd assume that the Landlord has a proper agreement with the Agent (who I have discovered did a a Professional Indemnity Insurance). I would have thought that as he appointed the Agent that the agent that the agent was basically acting as him (even if that was in a fraudulant manner)? I spoke with the Official Receive and have been advised that there is no money for the Creditors. Any advice would be appreciated
I have lots of sympathy for you but for hardcore help, may I suggest you post on the Law section and also make an appointment with the CAB.
It's at times like this that one sees the difference between the law and justice - good luck!!
My understanding of voluntary liquidation is that a person ceases trading but is capable of meeting all their outstanding liabilities as opposed to someone going into bankruptcy who is unable to meet their obligations. As nono says go to the CAB and if they can't help it may still be worth one appointment with a solicitor who specialises in this type of problem.
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I have paid over �4000 to a letting agent who has gone into voluntary receivership without forwarding money onto Landlord