Where do I stand legally?

MinniMe_2

Bit of a strange one here guys.

My tenancy is up in just over a couple of weeks. With the required one months notice I sent a letter and email to the LL stating my intent to leave.

I have since heard nothing, have tried ringing and one number is now dead and teh other permanently on voicemail. I have been trying to contact him for several weeks now and he doesn't get back to me. I spoke to the EA (it was a tennant find only) and they say they haven't been able to contact him for 5months and he owes them money.

My question is where do I legally stand. If I go ahead and move out and stop paying anything (ignoring teh problem of getting my deposit back) is the house still my responsibility as I would still have the keys?

Sorry for the long post - kind a bit upset!

poppysarah

I'd be tempted to stop paying the rent - just enough to cover the deposit. Then leave keys with EA.

MinniMe_2

thanks for your reply poppysarah - I have already paid my last months rent and have contacted EA but they are refusing to take the keys:(

tbs624

Do you not have an address for the LL? If he is listed as being at your address, then have you had any letters recently that may have come from a mortgagor?

If not, pay the small fee to check him out via the Land Registry. You can find out who he has his mortgage with: they obviously won't be able to discuss his details with you but at least you could ask whether there are repossession proceedings under way, as you don't know what to do with the keys..

How did you pay your rent - via SO or did he collect?

Is your deposit scheme-registered ?(assuming you're in Eng/Wales rather than Scotalnd.your contract started after 6 April 2007)

If it is contact the admin people for the scheme & let them know what's happening.If you don't know anything about your deposit check it out for yourself via here: http://www.direct.gov.uk/en/TenancyDeposit/DG_066391

paintpot

Hi there

Take tbs624's advice and do some digging.

Find out as much info as you can about your landlord and the whereabouts of your deposit.

I would write again to your landlord at their last known address or mutiple address if that's what your research shows up, send the letters both recorded and standard post but get a certificate of posting from the post office (free of charge) just in case he fails to sign for the recorded ones (he might be expecting bad news or be away from that address) and explain that you are concerned that he hasn't been in touch with you regarding your moving out date.

In the letter, I would explain what I intend to do about the keys, I feel that your best option would be to post them through the letterbox if that is possible on the day you move out in an envelope. Also, detail that you wish to be able to recover your deposit so you would request he makes urgent contact with you.

Read the meters on the day you move out, turn everything off - water, heating, gas electric and leave a note with the readings in the house. Contact the utility providers and the council tax office and remove your name from the property. I would then write again to the landlord telling them you have moved out, provide the readings in the letter and follow the postage advice again. You shouldn't have to do this but you need to cover yourself.

If your landlords holds the deposit himself then recovering it is going to be problematic if he doesn't make contact but if it's held by a deposit scheme then eventually you should recover it back if the landlord doesn't make contact. Take photos of the property before you leave so that you can demonstrate its condition.

Do any of the neighbours know the landlord at all?

Keep posting back with any issues/questions and I am sure you will get lots of helpful advice. Hopefully, he will crawl out of the woodwork and make contact before you need to move out.

All the best

poppy10_2

Send a letter by registered mail to the LL's last known address. That should cover you.

MinniMe_2

Thanks so so much for your advice guys. I have already sent letters to the address for the LL (not the address I'm renting). I have had baliffs on the door of the property and numerous letter that I figure are along the same line by the look of them - so it wouldn't surprise me if the house is being repossesed. I do know that the mortage is with Abbey.

TBS - I paid my rent by SO straight to him and unfortunatly I moved in March so my deposite is not covered by the scheme.

I was considering putting the keys through the LL letter box at the address but what if they say they never recieved the keys - am I still liable for the property?

THANKS everyone

paintpot

Hi again

Sorry to hear about what you are going through. It sounds like your landlord is in dire financial straights I'm afraid.

I don't feel you have any other choice with regard to the keys and I feel that if the LL hasn't appeared by then, well, it's his tough luck really, you'll have made enough attempts to contact him. If you don't surrender the keys then I believe you are not deemed to have surrendered the property.

Regarding your deposit, I think you may end up pursuing this through the small claims court but if he is no longer at his current address, enforcing anye judgement is not going to be easy because you need to find him first, so you could end up with the satisfaction of him having a CCJ (although it sounds like he might be able to add it to his collection) but no deposit. Keep on digging, asking neighbours, any other clues you might have about him e.g. where he might work etc etc.

If anything comes through the post for him I'd open it personally. If there is a repossesion hearing then you might be able to attend that as an interested party. You might be able to track him down that way.

Keep up the pressure, trying to contact the LL. Keep a solid written record of all the attempts you have made, proof of postage etc. If he does appear, try to find out his current address.

Sorry to be full of doom and gloom.

Any one else got any advice for the OP?

MinniMe_2

Thanks Paintpot.

I have since found out where he works - he is registered as the MD and according to commerce house he is still trading. A couple of the guys from work have offered to come down with me to see if he is there.

I do have LL current address but no longer think it is worth anything as I came home this afternoon to find letters I had sent to LL (stuff that came here in LL name, I sent to LL address by recorded delivery) came back from post office today as they were unable to deliver after 3months!!

Its not looking good is it
I've gone past worrying about the deposit and am just worried about being responsible for the property while i'm not the tenant cus LL's not her to take the keys!

Alleycat

You've already had some excellent advice, but just wanted to check whether it was march this year or in 2007 that you moved in? If it was March 08 then your deposit should have been protected (doesn't mean it was though).

paintpot

Right well you have a good start if you know where he works. If you know what he looks like (assume you have met him!) then you could follow him and see where he lives. If he is struggling financially then there is little point in pursuing a man of straw but don't write your deposit off just yet.

You could make life rather difficult for him if he is an MD and you know where he works, he'd look a bit of a lemon in front of his staff if one of his tenants was to turn up demanding money and kicking up a stink but hold fire on that for now!

The problem with recorded delivery is as you have found out, if the person doesn't sign for it, it will be returned. It doesn't mean he isn't there any more, he just may be expecting bad news if he is in debt hence he hasn't signed for it.

If you find out he is at this company, send him a letter there, recorded delivery. State as previously. That'll spook him out. If he doesn't appear on your move out date or before then definitely post the keys back and then you need to start sending some serious letters in respect of recovering your deposit - a letter before action, ie. your intention to pursue your deposit through the SCC.

Keep posting back with your findings. Don't give up just yet.