Giving Notice to Disappeared Landlord

TSx

Hello,

Just need a bit of advice on this one.

We started renting back in Aug 2011 at this address. Private landlord, tenancy deposit unprotected. We had an inventory but it was never signed or given to landlord.

We have only contacted him twice whilst living here - in Feb 2012 and around two months ago, both for boiler issues where he advised us to get someone out and deduct it from rent.

During this time we've had no visits to the property, or gas safety checks. Rent has been paid on time every month without fail. Property is in a fair condition - some areas (e.g bathroom, living room) have been painted (with LL consent when we moved in) and now look much better, although carpets do have some staining.

We were in an initial fixed term of 6 months, and never discussed extending it so moved onto a SPT.

We've (very) recently decided to give notice to leave - however there are two issues

1) We don't have a current address for the landlord. There was one on the tenancy agreement, although I can't find that (with some digging I should be able to find it somewhere but it may take me past the end of this month) and I don't believe he's living there any more

So far I've texted him letting him know we want to leave and asking for the address so I can provide written notice. What else can I do to ensure the notice is valid? He's not responded (this was over a week ago), I assume the number is correct but again there's been very little contact so it's possible it's changed.

2) The deposit is unprotected. We're concerned (obviously) about how difficult it would be to get this back from the landlord. No paperwork was signed in relation to the deposit (that I can recall - certainly that I have) however the tenancy agreement does make reference to it and it was paid in cash. We're planning on using the deposit in lieu of the last months rent. I know it's not an ideal situation, but the fact it was paid in cash, with no reciept, and is unprotected makes me very uneasy. We have no intention of suing for 3x amount of deposit.

As a side question, how do we return the keys if we have no contact with the LL? Assuming we get his address, is special delivery a valid way to return keys as he may no longer live in the area?

thesaint

Send the notice to the address on the tenancy agreement.
Deduct the amount of the deposit from the rent that you are supposed to pay.
Keep the keys, and leave a note in the property of how to get them from you.

Or, just phone him.

19lottie82

Landlords that have "disappeared" usually turn up pretty quickly when you don't pay your rent!

As has been suggested, send your months notice to the address in your agreement.NOT by recorded delivery, instead use 1st class mail from 2 different post offices and get proof of postage from both. Ask him to contact you re return of the keys. (If you don't hear maybe hand them in to local police station....? Just an idea?)

Withhold the last of your rent to the value of your deposit.

And as above, have you tried phoning him?

G_M

Formal Notice should always be sent, in writing, to the address provided for that purpose (usually on the tenancy agreement).

If the landlord moves and fails to advise a tenant of a new address, that is his problem. Legally you must write to the address provided, so do that.

I rarely advise witholding rent. But in this case, with a LL who has skipped so many responsibilities including deposit registration, I would do so.

In your letter, after giving Notice, add:

"In view of the fact that my deposit is unregistered, despite the legal requirement of the Housing Act 2004, I have deducted the amount (£X.00) from my final (two?)months rent."

If the deposit is more than one months rent, reduce the penultimate rent payment by the appropriate amount, and withold the final payment completely.

Your letter could also request what the LL wishes to do about keys and suggest that if you do not hear back you will deliver them to the address providedon your tenancy agreement.

By all means send a copy of the letter elsewhere (text, any other address you have, email etc) but you must send to the address provided.



However, just because the LL is a pratt does not excuse you cutting corners, so make sure you give the correct length of Notice. See:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

DaftyDuck

Of course, given he doesn't sound the most ideal LL, he might be away - entertaining Her Majesty...

TSx

Just as a brief update on this (and to say thanks for the advice given so far!)

I should have add I have tried to ring but just got voicemail (which indicates it's not an active number any more, although I only tried a few times).

I did however send a letter to the last address on the tenancy agreement (in time to give the full months notice). I also didn't transfer the rent on the 1st as we have done every month and fully expected to hear from the landlord.

I've still heard nothing - not a text, letter or phone call - he's not been round either so I really don't know what he's doing. In the letter I mentioned I was happy to assist with viewings to try and get property re-let but it's not been relisted on any property sites...

I've got a new place sorted now anyway and although they asked for landlords details which I provided (as well as explaining situation), they don't seem to have actually contacted him (but have confirmed that referencing was successful).

If I don't hear from him by the end of the month (it's been 4 weeks so far so possible!), I'm guessing the easiest thing to do will be to post the keys through the letterbox with a witness, leave a letter with the forwarding address on and that's pretty much it?