Rented house end of contract, deposit etc

EagerLearner

Hi Lady K that might rile him up further, but up to you really as you know him better than us - keep to the bare bones and send it recorded delivery... Then if needed you can expand on the full text at a later point.

Lady_K

The agent has put an advert for the property on his website and put a to let sign out in front of the house but we have not sent him the notice to leave on 18th yet as we are still trying to get the correct address to post it to. The only message he got from my daughter was the text message the other day to which he rejected the notice for reasons already mentioned. Could this movement on his part be useful if we hit problems later?

clutton_2

whether he rejected it or not.. she is moving out on the 18th - in fact if she is off work on 17th there is no reason at all why she should not move out on the 17th as long as rent has been paid up to the 18th

if he does not arrive, then you MUST get the keys to him on 17th and/or 18th -

but , be prepared - you are not going to get the deposit back on either of those two days... so dont plan on using it anytime soon - because this agent is an idiot.


did you go to Land Registry site and find out your landlords address ? you will have to have this if you are to take him to court re the deposit ...

Lady_K

Have not checked land registry yet, I didnt realise I needed the landlords address to take them to court I thought it would just go by the agent and the courts would know how to contact him. Also hadnt checked it because I knew it was too far to take the keys to London anyway but if its needed we will get it. The landlady is chinese with an unusual name so it was easy to find her on facebook but I thought it best not to contact her that way.

I have only just realised with you mentioning if shes paid up to the 18th. Thinking about it, this expiration date being put as the 18th when it should be 17th might actually mean that shes paid up to 17th really as she made her first payment on 18th June which would run to 17th July and so on. I wouldnt want them to say at the end of all this that they had something to come back on us for if she owed the rent for 1 day, the 18th even though it was her expiration date

It would be much easier to move on 17th then if its safe to do so, or 16th just in case we really cannot get the keys back and have to use last resort of posting recorded next day delivery to landlord and landlady as post office will not be open on Sunday 17th and Monday would be too late. Will recorded delivery next day reciept be enough for evidence plus a witness at post office?

There arent any gas certificates or any safety certificates either although he says he provides these on his website plus he says regular visits to tenants on there and he hasnt been once

clutton_2

do you have an address for the agent ? what address is on your tenancy agreement ? if it is the agent address, then return the keys to the agent - either with prooof of posting/recorded delivery, or deliver them personally with an independent witness who will be willing to write a short statement to say that he say this happen..... just in case it gets to court, this statement will be part of your evidenc "a Witness Statement" - the witness need not attend court..

This is why i think you should contact the owner immediately and tell him what is going on........ he is a police officer and will not want anything illegal done in is name - and it WILL be him in court, not the agent....

Lady_K

We have found an address on the tenancy but it isnt the one he had when my daughter started the tenancy.

It says

Landlords Agents Nmes(s) & address: the agents business name (not actual name) and address (but not the address he was at when it was drawn up)
address for service under section 47 & 48 of the landlord and tenant act 1987

At the bottom of the first page agreement where my daughter signed it below it says
Witness full address: a famales name, and the same address as it says in the landlords agents address

I just do not know who is really the agent, its the mans name on the business card attached to the agreement who says he is the agent and hes the only one we have ever seen or spoke to in person or phone, or is it really the female with a different surname that is attached to the address on the agreement, or they might be a couple, or is he the agent and using someone else and thier home so hes not liable for anything. Is it safe to post the keys through the letter box there or are we covered as its on the agreement so long as its witnessed. Its a house in a culdesac in a tiny villiage about 30 mins away by car, I have looked it up on google earth.

clutton_2

the female may be his secretary

can you clear this up - he has 2 addresses, one in a village 30 miles away which you think is his home; and another address for his office nearby ?

If he has an office, then why can't you put the keys into the office - even if it is a weekend ?

Lady_K

He had a small shop close by when my daughter first viewed the house but when the contract came through it didnt have the shop address on or his name, just his business card stapled on and the address of a house 30 mins away under a females name. The shop is now closed and empty, it seems he only works from the internet but that site does not have his name on either. If the shop was still open we would have no problem dropping the keys off there.

I've been looking at the land registry site, its a bit confusing, can't use it at the moment though its says its not in use all the time. Will I definitely get the address in London of the landlord and landlady or will it just say who owns the property because I know the names of who owns it. It looks like they want to remain anon though if they have got what seems to be the agents address on the tenancy for the address for service requirements of section 47 and 48 of the Landlord & Tenant Act 1987. If the deposit does not get returned can she not start court procedings using that address if we can't get the landlords actual address?

franklee

You've been given the address for the service of notices so your daughter should now write to that address requesting confirmation that it's still the current address for that and also ask for the landlord's address. The requirements for both addresses are in post #28 and as that post says, once your daughter is no longer the tenant she will lose some of the rights to ask this information so write now!

Lady_K

Probably the best thing to do then seeing as theres not much time is that my daughter rings him to ask if the address for services is still current and if not which one is because she prefers to send the notice by post as he is expecting a 2 months notice from her. Then in the notice to leave on 17th she will request that he provides her with the landlord and landladys address. I don't think hes going to give it because she has asked him before and he became very defensive. What if he doesnt give it to her as she will be leaving next Sunday can she still start court procedings with just the service of notices address as the deposit definitely has not been protected. Is it likely to be on the land registry if they have provided a services address to remain anon?

Because with email she would have a copy herself as proof could she request the landlords address over email and it be classed as written request?

Basically if we havent got the landlords address and only the agents we have no chance of getting the deposit back or taking court procedings?

Why cant the actual property address be used for contact to landlord and court procedings because I don't think they will get tenants in that soon although they have lots of mail they have never collected