LPA Receiver guidance please

[Fluffs]

Hi

 

My LL's lender has had LPA R appointed. I believe I understand most of how this works but have 2 specific questions I can't find an answer for.

 

Does the LPA R have the legal right to chase me for a small amount of rent arrears dating from before they took over? It's less than a month, so fairly insignificant in the bigger picture. I would argue the debt resides with the LL but I'm not sure if it transfers to the LPA R. I would argue I only pay the LPA R rent as from the date they took over pro rata. Thoughts?

 

My deposit is with the DPS and is protected but has the original LA as the "other half". Not had any dealings with the LA since the 1st fixed 6 month AST ran out, been dealing with the LL direct, but we never bothered to transfer it. The LPA R now want me to assign them as the other half now - they say they need my permission. Sounds all a bit hooky to me. Advice?

 

Thanks

[raydetinu]

It would seem logical that as the LL is now insolvent the protection should now be in the receivers name. LA has nothing to do with it now, as suspect they have become a debtor.

Receiver should and nust try and and get all monies owed to the original LL.

[Lea_HTH]

If you are in rent arrears the LPA receiver has the right to recover such rent from you. Make an arrangement to pay.

[Fluffs]

I suppose it makes sense the debt transfers to them, just wasn't sure if that was enshrined in law.

 

The advice re: the deposit makes sense too.

 

Thanks to both of you.

[Fluffs]

Just out of interest, can you point me to the relevant part of the LPA 1925 Act that gives the LPA R the legal right to chase debts prior to their taking over.

[raydetinu]

Not sure about that, but if you feel they do not have the right then ressit and see what they do, just looking at it from a normal receivership, when all debts are chased, that is their duty.

they may take you to court and it will be up to the court to decde then.