Can't contact landlord

timjhale

Hi,

We're moving out of our current rented property and are having big problems contacting our existing landlord to give notice.

We initially had six month contracts but since our last one ran out in November haven't had a new one. We sent a letter to him (signed for) last week but, according to the post office tracking website, the occupier has "gone away" and the letter is being returned to us. We know the landlord still lives there as one of our neighbours still keeps in contact with him.

We've tried ringing lots of times and have left messages. We've also sent a txt to both his and his girfriennd's mobile but have still not received a reply.

We're due to pick up the keys to the new place on the 15th of August and don't want to pay any more rent on the old place than we have to. We've already cancelled the standing order for rent.

We're thinking to just not pay anything for August as he still has a month's rent as a deposit but it would mean losing out on a few hundred quid as we'd only owe a part month.

Anybody got any advice as to how to proceed?

PasturesNew

Stop paying the rent - he'll be in touch. Keep the returned letter as evidence you served notice.

missile

Could you knock on his door?

BitterAndTwisted

Recorded Delivery or any other signed-for service isn't the ideal way to have proof that you gave the correct notice.

Send two copies of your letter by first-class post from two different post offices on the same day and retain proof-of-postage.

You've run out of time to give the required one rental-period's notice, so cross your fingers that the landlord doesn't pursue you for the rent until mid-September

ViolaLass

timjhale wrote: »

We're thinking to just not pay anything for August as he still has a month's rent as a deposit but it would mean losing out on a few hundred quid as we'd only owe a part month.

You owe the whole of the month unless the LL agrees to let you off.

princeofpounds

- As B&T says, send notice with proof of posting to the address for service of notices on your contract. Doesn't matter if he actually reads it or not.

- Leave the property as per your notice. Make sure you do it with proper dates.

- If the deposit is protected (and it probably should be) claim it back from the scheme

- If the deposit is not protected you might wish to consider either not paying the last month's rent, or taking the landlord to court to push for deposit non-protection penalties. The latter is a more correct action but could be a hassle if the landlord 'hides'.

- You cannot normally owe 'half-months'. If you stay a day into a rental period, you are liable for the whole rental period.

timjhale

The point is we believe we have served the correct notice via a letter with a proof of posting plus we've left messages on his answer phones and sent text messages. He's not that local so turning up at his door in person is impractical. The post office are equally confused by the non-delivery of the letter and say that it must have been refused as normally it would go to the local sorting office to be picked up.

I don't know how it works in terms of a contract though, we haven't signed anything since last May and that was only for six months. Strictly speaking would we even need to give a month's notice? Not sure about the protected deposit although I know he's part of a local landlords association (unfortunately I don't know which one), I think we're just going to not pay for August and say goodbye to the deposit, I guess that'll leave us even.

Werdnal

timjhale wrote: »

The point is we believe we have served the correct notice via a letter with a proof of posting plus we've left messages on his answer phones and sent text messages. He's not that local so turning up at his door in person is impractical. The post office are equally confused by the non-delivery of the letter and say that it must have been refused as normally it would go to the local sorting office to be picked up.

I don't know how it works in terms of a contract though, we haven't signed anything since last May and that was only for six months. Strictly speaking would we even need to give a month's notice? Not sure about the protected deposit although I know he's part of a local landlords association (unfortunately I don't know which one), I think we're just going to not pay for August and say goodbye to the deposit, I guess that'll leave us even.

You haven't served the correct notice as you have the notice letter back in your hand and the LL hasn't received it. NEVER post notices via a signed for posting route - GONE AWAY may just mean that the postie tried to deliver - LL out/on holiday etc, so he dropped a little card through the door requesting it be collected from the sorting office. If LL has not collected within 14 days, it is returned to you. Or, LL just refused to sign for it and told the postie it wasn't for him. Your notice has not been served.

Post 1st class with proof of posting fromt he PO, is dropped through the LLs door whether they are home or not. LL doesn't have to open and read it - they may be in hospital for instance for weeks, but so long as that envelope has arrived on their doormat within the time scale for correct notice requirements, then you have complied and can leave.

If you have not signed a new fixed term, you have an SPT - Statutory Periodic Tenancy, requiring 1 month's notice to end on a tenancy period - ie, if your tenancy month starts on 5th of any month, you need to serve 1 month's notice ending on the 4th of the next month. That is statutory - ie LAW, not something you or the LL can change unless you come to some mutual agreement. If you have failed to serve the month's notice in time for the next tenancy month end, then I am afraid you are in law, liable for the next month's rent as well. If you walk away at end of the month, LL can quite legally track you down for that last month's rent, even if you have left him with your deposit. Deposit is for damage, not unpaid rent!

princeofpounds

Strictly speaking would we even need to give a month's notice?

Yes. You will be on a statutory periodic tenancy and will need to give 1 full rental period's notice at minimum.

Not sure about the protected deposit

There are only three schemes. Ring them and ask. If it is protected, you should pay your rent as you don't have much fear of losing it.

northernsoul85

I was in this situation a few years ago, wish I had gone on here.

timjhale

Thanks Werdnal, I've sent another letter today reiterating/confirming the previous communication (answerphone, txt messages and the previous letter which has not be returned to me either) with a proof of posting.

I've also requested he provide a total that we'd owe for August and that we're waiting for his reply to pay the outstanding amount.