Tenancy ends in 2 weeks, LL incommunicado!

sharpee

Our Tenancy ends on the 27th of June. LL served us with a S21, quite happy as it all tied in with our house purchase with a 2 week overlap.

I sent our LL a letter via post and email asking if he would be carrying out a Check out inspection and could we arrange it for the 27th at tea time.

We haven't heard anything back yet. Over our 1 year tenancy he's always avoided telephone communication and all communication has been via email from him. We always ring him if we have a problem (which there have been many), following it up with a letter.

Today I have sent a further letter via email and 2 in the post from seperate Post Offices with Proof of Postage.

What do we do if we can't get in touch with our LL before the end of the tenancy? He uses a LA to find the tenants but manages the property himself. I would rather be present at the check out inspection to address any issues he may have as we are moving quite a distance and don't want to keep having to come back to the property.

franklee

If you've written to the address you were given for service of notices (as specified in the tenancy agreement or updated in writing since) then you've formally covered your back. Alternatives are email, phone, and same again for the agent. If there is no reply you could write again saying you will post the keys through the letter box and confirm your leaving date. I would want to be present at check out but you can't force it. The main thing is you want to make clear that you have vacated and returned the keys so there can be no doubt when the tenancy ended.

jjlandlord

franklee wrote: »

If you've written to the address you were given for service of notices (as specified in the tenancy agreement or updated in writing since) then you've formally covered your back.

Not 'written': Served notice to quit unless OP intends to vacate by end of fixed term tenancy (in which case tenancy will end at end of term).
A s.21 notice has no effect on the tenancy...

princeofpounds

Perform your own check-out, preferably with photo evidence, and keep records of your attempts to contact the landlord.

princeofpounds

Served notice to quit.

It's not entirely clear, but given the tenancy term ends and the S21 has been delivered, does the tenant actually need to serve technical notice to quit? Surely they can just hand over possession as expected in the AST and requested in the S21?

jjlandlord

princeofpounds wrote: »

It's not entirely clear, but given the tenancy term ends and the S21 has been delivered, does the tenant actually need to serve technical notice to quit? Surely they can just hand over possession as expected in the AST and requested in the S21?

OP did not say why he thinks the tenancy will end.
The way he put it he might be thinking that it will end because of the s.21 notice... But it won't.

franklee

princeofpounds wrote: »

It's not entirely clear, but given the tenancy term ends and the S21 has been delivered, does the tenant actually need to serve technical notice to quit? Surely they can just hand over possession as expected in the AST and requested in the S21?

Here is a link to a blog entry by Painsmith who are well known and well respected solicitors specialising in residential, commercial and agricultural landlord and tenant law in England and Wales:

http://blog.painsmith.co.uk/2010/08/23/after-a-section-21-notice-expires/

Note in particular the comments by PainSmith including this one

PainSmith says: 8 April, 2011 at 22:28

Thank you for the query. No you are not required to give notice if you are leaving upon the expiry of the section 21. I assume that it has been served pursuant to a break clause and that it is valid.

And

PainSmith says: 11 April, 2011 at 16:27

The notices are served by the landlord so it is not a surrender. The notice states that the landlord requires possession on a certain date and the tenant can move out on the said date.

And

PainSmith says: 12 April, 2011 at 11:35

If a section 21 has been served the tenant can move out without having to serve a notice.

Plus

PainSmith says: 27 April, 2011 at 08:22

The tenant’s liability remains until the end of the section 21 period or earlier if they have served notice and it expires sooner.

Also

PainSmith says: 27 April, 2011 at 08:28

If a Landlord serves notice on the Tenant then the Landlord is seeking possession. If the Tenant acts on that notice and leaves on the date specified then its not unilateral surrender. The notice was served by the Landlord and the Tenant has simply acted on it.

These comments were written in response to arguments from the S21 has no effect landlordzone regulars put forward in the comments!

Agree that no notice is needed from either side if the tenant is leaving at the end of the fixed term but the tenant needs to make very clear he vacated on time so there can be no dispute afterwards when he left.

franklee

jjlandlord wrote: »

Not 'written': Served notice to quit unless OP intends to vacate by end of fixed term tenancy (in which case tenancy will end at end of term).
A s.21 notice has no effect on the tenancy...

See the PainSmith comments above that I've pointed out to you before IIRC, perhaps this time check out their credentials?

sharpee

We are definately leaving, LL got the hump as we wouldn't renew our contract for another 12 months as we knew it was a matter of a couple of months till we would be in our own home. S21 served in the correct matter etc, no question of that. The isn't the issue here.

My main concern is what do we do on the last day if we can't get hold of him

House has been re-advertised and shown on RM to be available a week after our tenancy.

We will wait for a few more days and try calling him again,although he only returns our calls when we report a fault in the house.

Thanks for your help

jjlandlord

franklee wrote: »

See the PainSmith comments above that I've pointed out to you before IIRC, perhaps this time check out their credentials?

I'm fully aware of these.

They never explained why they think not notice is necessary considering a s.21 notice has no effect on the tenancy... So the only prudent advice to tenants is to serve notice, or to have the surrender in writing with landlord.
If they have a position on an issue they should be able to defend it... Note that they never replied to lawcruncher's comment which made a contradictory point.

Also, some document you mentioned from their site was removed, and I strongly believe it was because it was incorrect.

G_M

Keys.
Is the LL local? If so, take the keys round on your last day. If he's in, give keys and request receipt. If not, put in envelope + letter and put through letter box, with a witness (and photo?)

If not local, put in the post + proof of posting. Do not put property address on accompanying letter in case keys are lost in post.

Deposit
Are you in Eng/Wales and if so which deposit scheme did the LL use? Apply to the scheme for your deposit after you move out.