My landlord has gone missing

Johnny_Drama

I am in the process of leaving my houseshare and moving to another property. But my landlord has gone missing, his phone number has been disconnected and he isn't responding to any emails. He needs to approve the changes on the contract at my existing property and provide reference for my new place, but for 3 weeks now he's not responded to mine or any agents attempts of contact. He manages the property himself, surely he is breaching his contract by not being contactable, if there was an emergency at the house we'd have no way of contacting him. I don't know if he is dead, on holiday, or just negligent, but my letting agents tell me I'll still be contractually obliged if we can't contact him for his approval. What are my rights here? Should I involve the police as to my knowledge he's a missing person. Any advice would be great.

k3lvc

Do you pay him directly or the agent ? Simple way of making contact would be for you/them to withhold the next payment which I suspect might result in some sort of contact ?

Other than that I'm sure others may have better suggestions

Guest101

Johnny_Drama wrote: »

I am in the process of leaving my houseshare and moving to another property. But my landlord has gone missing, his phone number has been disconnected and he isn't responding to any emails. He needs to approve the changes on the contract at my existing property and provide reference for my new place, but for 3 weeks now he's not responded to mine or any agents attempts of contact. He manages the property himself, surely he is breaching his contract by not being contactable, if there was an emergency at the house we'd have no way of contacting him. I don't know if he is dead, on holiday, or just negligent, but my letting agents tell me I'll still be contractually obliged if we can't contact him for his approval. What are my rights here? Should I involve the police as to my knowledge he's a missing person. Any advice would be great.

You either can give notice and leave - in which case do so.


Or you cant as you are in fixed term.


So which is it?

G_M

What sort of tenancy is it?

* joint and several? (a single contract with all names on it?)
* fixed term? Dates?
* periodic?
* did you pay a deposit? Was it a % of the total deposit? Is it registered? Who is the 'lead tenant'?

Do you have, in writing (usually on the tenancy agreement) an address "for serving notices"? Any letter sent there is legally 'served' on the LL, whether he gets it/reads it, or not.

If you do not have such an address, you do not have to pay rent ( Landlord and Tenant Act 1987 ()

When you answer the Qs above, you can get better advice.

Stevie_Palimo

The worse could of happened he may be in hospital or even dead, Sounds wrong to say but all landlords I know of never fail to be contactable and more so on rent due days.

nidO

You have very few rights here.

Your post reads that you're in a fixed term contract and want to request with the landlord that the contract be altered to allow you to leave the property earlier.
You basically have no right to have this agreed to and are reliant on the landlord's goodwill, you should simply send a letter requesting your change to the address for serving notices listed on your tenancy agreement.
This address is required in order for rent to be demanded however your problem is as you're asking to make a variation to your contract, you not receiving a response doesn't mean the address is incorrect, as the landlord may just have refused your request and not bothered telling you, which is impolite but which he is well within his rights to do.

If you're no longer in a fixed term contract, you can simply serve notice to the landlord's address and leave by the expiry of the notice. If the landlord doesn't receive your notice, that's his problem.

If you haven't been given any address to service notices, as G_M mentions above you can simply stop paying rent until one is provided.

HappyMJ

Does your landlord live locally? Can you physically go to the address for serving notices and knock on the door?

nidO

Stevie_Palimo wrote: »

The worse could of happened he may be in hospital or even dead, Sounds wrong to say but all landlords I know of never fail to be contactable and more so on rent due days.

The thing is, he may simply have changed his phone number and email address and neglected to tell the tenant.
The tenant has no right to have accurate sets of these details, obviously they're useful for convenience but strictly being "contactable" means the tenant having an address for serving notices by post and the OP makes no reference of sending a postal letter to the LL yet.

Stevie_Palimo

nidO wrote: »

The thing is, he may simply have changed his phone number and email address and neglected to tell the tenant.
The tenant has no right to have accurate sets of these details, obviously they're useful for convenience but strictly being "contactable" means the tenant having an address for serving notices by post and the OP makes no reference of sending a postal letter to the LL yet.

I gather this but my point really is aimed at why he is non contactable and I would bet if nothing changes on rent due day then my theory could be right or in prison maybe, In any event if you email over to the address that is void and then send the letter of notice through to EA and ask that they also forward on to last known home address that really should suffice in showing you have done what you can to give proper notice here.

Johnny_Drama

So to clarify, it is a fixed term contract with a 6 month break clause, I have been on the contract for 7 months and have been liasing with the letting agents in regards to leaving the property for 2.5 months. However it is a house share and we are all jointly liable, my housemates do not want to leave the property, but my circumstances mean that I have to. As they want to stay, we can do a tenancy swop, at the advice of the letting agents. We have found a replacement who has had all of her references approved and paid all the associated fees, the landlord needs to agree to the name change on the contract, the terms of it are the same, there are no fees for him and no loss of money, big change of contract or anything for him. I don't believe he is objecting, it's a London house share and very commonplace, he has done multiple tenancy swops over the years at this property. I believe that he is missing or negligent. I suppose that us being unable to contact him is the bigger issue at this stage. He manages the property yet no one can reach him, if there was an emergency at the property as tenants we'd be completely vulnerable without being able to reach him. My frustration has simply been compounded by my current situation. I suppose my problem is, legally what can I do if my landlord has died, gone missing or is negligent?

Oh and the letting agents have been to his door and have even tried contacting his mother to reach him.

Guest101

Johnny_Drama wrote: »

So to clarify, it is a fixed term contract with a 6 month break clause, I have been on the contract for 7 months and have been liasing with the letting agents in regards to leaving the property for 2.5 months. - Is the break clause at 6 months, or after 6 months? However it is a house share and we are all jointly liable, my housemates do not want to leave the property, but my circumstances mean that I have to. As they want to stay, we can do a tenancy swop, at the advice of the letting agents. - No you cant. It's not a swap, it's ending your current tenancy and creating a new one, or assigning the tenancy to a new tenant. We have found a replacement who has had all of her references approved and paid all the associated fees, - Then she should now be telling the agent to refund her fees as they are unable to complete on their contract. the landlord needs to agree to the name change on the contract, - Assignment of the tenancy. the terms of it are the same, there are no fees for him and no loss of money, big change of contract or anything for him. - He may not like the new tenant. I don't believe he is objecting, it's a London house share and very commonplace, he has done multiple tenancy swops over the years at this property. - LOL and how exactly are the deposits sorted out?? I believe that he is missing or negligent. - He's definitely not negligent. I suppose that us being unable to contact him is the bigger issue at this stage. - Have you written to him ? He manages the property - So what the absolute hell is the letting agent doing taking fees if they aren't involved?! yet no one can reach him, if there was an emergency at the property as tenants we'd be completely vulnerable without being able to reach him. - Why would you? If there was an emergency, you would deal with it and then advise the Landlord. My frustration has simply been compounded by my current situation. I suppose my problem is, legally what can I do if my landlord has died - Send flowers, enquire about the new landlords identity., gone missing - nothing at this stage, no reason to or is negligent - In what way is he or she negligent?

Oh and the letting agents have been to his door and have even tried contacting his mother to reach him.

What are the letting agents in this situation??!! - they seem to not be party to anything!