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Sue for Fraud or to Reclaim Deposit and Remaining Rent

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  • Sue for Fraud or to Reclaim Deposit and Remaining Rent

    Hi first post! Had an issue with a landlord a few months ago, and was wondering about the best way to proceed.

    *Situation*

    I found a bedroom to rent in London for eight weeks on Spareroom. I paid down six weeks' worth of rent, and four weeks' worth of advance rent before moving in. This came to a total of about 4000 pounds.

    The ad was posted by person A. I dealt mainly with person A when viewing and confirming the property rent. However, the contract was signed with company B, of whom person A was director and CEO. The contract claimed that company B was the owner of the property and was legally entitled to offer me the tenancy.

    A few days after I moved in (~10 days) I was effectively evicted, with the company citing "financial difficulties". I'm yet to see my deposit and remaining rent back (worth about 3000 pounds). I sent a letter before action threatening to take them to court, but the post bounced back to me.

    Meanwhile, I heard from a letting agent that person A (and not company B) was actually a tenant of the property. Moreover, he was not entitled to sublet.

    *Questions*

    1. Is this a case of fraudulent misrepresentation, since the contract makes untrue claims about the ownership of the property? In that case, can I sue person A and not just company B (which could be in financial difficulties, and therefore ? Or should I just try to reclaim the deposit and rent which is due back to me?

    2. If I was illegally evicted, can I take any additional recourse for that?

    3. The company now has a new listed address. I can try sending notice there, but if it bounces, what options do I have? How can I take person A to court if I don't know his address?

    4. Are there any recommendations for solicitors I could contact about this issue – preferably on a no win no fee basis?

    5. Is it worth trying to name and shame person A/company B? Person A seems to be an entrepreneur who has appeared in various local newspaper articles. Thinking would be that it would show up in future background checks for person A, and potentially be an impediment for his raising further capital etc.
    Tags: None

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