Unable to contact ex Landlord to send Letter before Action

noms25

Hey guys,

Ive posted previously in January regarding trying to get my ex landlord to return my deposit.

I sent a letter before action in January to his business address giving 14 days to pay up (which he didn't) and was about to start the court process when someone told me that I was supposed to have sent the letter recorded delivery (which I hadn't).

Ive since resent the letter in February by recorded delivery to the same address, and when I went on the Track and Trace on the Royal Mail to track the letter and it states that they were unable to deliver/or no one has collected and signed for it so is being returned to me.

In the meantime I've managed to get the landlords personal address (or what we think is his address as we have found out that he owns and rents out over 50+ properties) and about to resend the letter to that.

But what I wanted to ask is, if he doesn't sign for the letter or we are unable to get a letter to him, am I still able to take him to small claims court??? As have tried contacting him numerous ways on numerous occasions about this, with no reply, so Im unsure what else I can do!

Any feedback or advice would be greatly appreciated!!

BitterAndTwisted

The usual advice is to sent two copies of your letter by first-class post from two different Post Offices getting proof of postage for both. A court might accept that the PO lost one letter but the chances of them losing two are so remote as to be almost non-existent.

Have you checked on the Land Registry to see what address is on there? It'll cost you four quid to get that info, I believe.

What about Companies House if the property is owned by a company? What's the address on the tenancy agreement?

noms25

BitterAndTwisted wrote: »

The usual advice is to sent two copies of your letter by first-class post from two different Post Offices getting proof of postage for both. A court might accept that the PO lost one letter but the chances of them losing two are so remote as to be almost non-existent.

Have you checked on the Land Registry to see what address is on there? It'll cost you four quid to get that info, I believe.

What about Companies House if the property is owned by a company? What's the address on the tenancy agreement?

Yeah it was on the land registry that I manged to get what I think is his personal address. So hoping that he will get the letter there.

On our tenancy agreement the landlord uses his business address, but on land registry the property is named to the Landlord not to his business. I don't think his company is a Ltd company though, haven't tried Companies house.

martindow

A few things to check. Does the address appear as a valid address on RM's post code checker on their web site? Signed for post is mnotorious for being delivered without a signature or never updating on RM's web site so you have no knowing if it has arrived or not. Or if the LL is in financial trouble he could be avoiding letters requiring a signature as they are likely to be bringing bad news.

As has been said resend two letters and get certificates of posting from the POs.

G_M

If in doubt, send two copies from different post offices, with proof of posting to EACH address - the one on the tenancy agreement and the one on the land registry.

The court can't really think you haven't done everything possible. You don't have to actually prove receipt, only delivery. And delivery can be assumed by following the advice above.

Yorkie1

Seoraval's post reported as spam, please click spam button too

BitterAndTwisted

Using the word "shifting" is highly suggestive that this poster/spammer is Indian. I dunno what that website might be flogging but I'm doubtful that it would be helpful to anyone buying, renting or selling.

Duly reported.

G_M

BitterandTwisted - the spam has been removed. Perhaps you'd like to delete his web address from your post too?

skintjo

We were unable to contact landlord and went to Shelter for help. They wrote and gave him two weeks to respond - as far as I'm aware it was not recorded mail. We have just come to the end of another two weeks after sending a claim through the small claim court. There was still no response. We are now asking for a Judgment. I wouldn't wait too long - as said before get proof of posting to address you were given and then go to the small claims court.
Good luck! - I think we'll need it.

noms25

skintjo wrote: »

We were unable to contact landlord and went to Shelter for help. They wrote and gave him two weeks to respond - as far as I'm aware it was not recorded mail. We have just come to the end of another two weeks after sending a claim through the small claim court. There was still no response. We are now asking for a Judgment. I wouldn't wait too long - as said before get proof of posting to address you were given and then go to the small claims court.
Good luck! - I think we'll need it.

I hope you get a judgement soon!
How long did it take for you to get a date/response after putting the paperwork into the court!? The reason why I ask as going on a three week holiday in May, and hoping it won't clash!!

noms25

martindow wrote: »

A few things to check. Does the address appear as a valid address on RM's post code checker on their web site? Signed for post is mnotorious for being delivered without a signature or never updating on RM's web site so you have no knowing if it has arrived or not. Or if the LL is in financial trouble he could be avoiding letters requiring a signature as they are likely to be bringing bad news.

As has been said resend two letters and get certificates of posting from the POs.

When I have checked the RM post code checker it comes up as a valid address! Have spoken to the RM customer services and the letter is going to be sent back to me! Ive tracked the 2nd letter which Ive sent to the address on the land registry and it has not been signed for yet and its been well over a week from when I sent it!

I sent both letters recorded delivery, and Ive got the the receipts with tracking numbers with the address to where I sent them to. Is that enough for proof of postage???

To be honest I am thinking that he is in financial difficulties due to the difficulty in contacting him, and is avoiding any of the mail!!

Just really frustrated atm!