How to find my landlord?

<sebb>

I've been renting for just over three years originally (moved in on 17th June 07) with my other half who moved out a couple of months ago. He had all contact with the landlord and I never spoke to him. We didn't contact the LL when he moved out as we weren't sure whether he would come back and I was able to comfortably afford the rent on my own and my other half was happy to stay on the contract as it was an amicable split. The contract has been periodic for just over a year.

We had a fair bit of contact in the first year and very little since then. The last time we heard from him was about a year and a half ago when he called but we were on holiday so we said we would call back when we got home. We did, but he was busy then, said he'd call back and never did. We had no reason to contact him so never bothered to follow it up.

Now I need to contact him over a few issues, some small (can't access the plug to turn off the freezer to defrost it as it's a built in unit and there is a separate switch for various built in appliances which all work apart from this one, want to tell him the other half has moved out), others quite large (no gas safety certificate in 3 years, no deposit protection - i've checked!, potential NRLS tax issues, probably no consent to let - I opened a mortgage statement of his - no arrears thankfully so he is paying the mortgage!)

Anyway, I wrote to him at the UK address I was given on the tenancy agreement and got a returned "not at this address". I called the number we used previously and it's not valid, and the email I'd never used before went unanswered. Land registry shows him still registered at this address.

I have a communal mail area and he asked me to leave all his mail there and his uncle would pick it up. It does seem to disappear every few months, and I tried leaving a letter there which has since gone but still nothing. (It could be the other tenants returning the post to sender as I do this when mail gets left for months at the other flat for tenants I know are long gone).

So how do I find him? He lives abroad and short of stopping the rent and waiting for him to contact me (he doesn't have my number but has the mobile for the other half who is happy to field the call) I don't know what else to do! Unless someone can give me some other constructive advice, this seems to be my only option and something I'm very uncomfortable about doing as despite the obvious problems I'd like to stay here for the time being.

N79

This post assumes the tenancy is subject to English law. You have actually found the solution yourself!

If the address on the tenancy agreement is invalid and you have no other addresses then here is what you do.

Stop paying the rent to the LL and instead pay it into a savings account. Once your LL appears out of the woodwork you can then get an address an pay all of the back rent.

This process does not place you in danger from eviction for rent arrears as the LL and T statutes make provision for just this case (LL and T Act 1987 S48 (2)). If a T has no address within England and Wales for a LL then rent is not lawfully due until the LL provides the T with an address. Once the address is supplied, all unpaid rent immediately becomes due hence the need to carefully store this rent in a savings account until the LL makes contact.

Jowo_2

Here's the law with regards to a landlords address as it stands for england/wales

http://www.landlordzone.co.uk/landlord's_address.htm

In Scotland, there is a national landlords register.

The Shelter website has good info on how to deal with repairs from a reluctant landlord, including notifying him in writing, giving a deadline for it to be fixed, then deducting it from the rent. Obviously, you're struggling to communicate with him but that's one way of doing it once that matter is sorted.

Gas safety issues kills dozen of occupants in the UK each year. This should be your priority (more specifically, it should be his..). A landlord that does not comply with this faces prosecution and civil penalties.

N79

In the mean time I would suggest you follow the Lee Parker vs Izzet process and get a gas safety check done for your own safety. Follow these steps:

Write to LL giving them 7 days to arrange a gas safety inspection.
Get 3 quotations from Gas Safe engineers.
After 7 days send the cheapest quotation to the LL at the address you have and give then 7 days to get the work done.
After these 7 days employ the cheapest engineer and pay the cost.

You will be able to deduct this money from the outstanding rent that you will need to pay your LL when he appears. It is not your fault that the address you have is faulty!

poppysarah

And keep copies of all the letters/returned mail

preable

Do as N79 says as thats the best way

mrcol1000

Have you tried checking ownership on Land Registry? Also if their is a fault with the property and you can not get in touch with your landlord your local council should be able to try and contact them on your behalf. They sometimes have more resources to contact landlords.

<sebb>

Thanks everyone. It does appear that stopping my rent is the only option I have available, though I'll definitely make sure I pay it as soon as he makes contact with me! It will take a while though as it's not long since I last paid.

One last question though, due to some personal circumstances, I might need to move out. If I had contact with the LL I could give my notice now for a months notice from the next rental period. But since I have to wait to find him I can't give him notice, and the next rental period will pass, does that mean I'm stuck here for another month? Or, if I serve the notice at the address I have, knowing he won't get it, would a court see that as being appropriate notice?

byebyedebt

Serve him notice at the last known address if you want to move out.

Maybe he is on a long holiday overseas or being detained at one of her majestys hotels.

Get the Gas Safety done at the earliest opportunity.

I wouldn't leave the mail in the communial hall any more.

Sound advice from N79.

<sebb>

byebyedebt wrote: »

Maybe he is on a long holiday overseas or being detained at one of her majestys hotels.

He lives abroad but gave me a UK address to serve notices (I believe it was a family member's address) as is required by law.

From previous letters to that address I know that it will get sent back so I'll have no proof that he received it. I'm hoping that a court would accept that I had made every attempt to serve to notice and side with me if it gets that far. Seriously considering not paying the last months rent as I think the deposit will be difficult to get back, but it's something I'll have to consider very carefully!

I suspect that the family member has moved and he's forgotten that it was the address he'd given me. As I've not had to contact him for such a long time and my rent is always paid on time (early in fact!) he's just forgotten to keep me updated about his new contact details. He's not exactly the most professional landlord I've ever had!

martindow

<sebb> wrote: »

He lives abroad but gave me a UK address to serve notices (I believe it was a family member's address) as is required by law.

With overseas landlords I believe HMRC require you to retain a tax element of the rent. Someone will come along with details in a minute.

No doubt HMRC would be quite surprised to discover he is getting rental income.