My landlord has gone missing

G_M

You said in the opening post: "He manages the property himself" so this all has nothing to do with the agents. Why are you talking to them? Why are they dealing with this at all?

What does the break clause say? Exactly? If it can only be excercised AT 6 months, you are too late. If at any time AFTER 6 months, you and your joint tenants could excercise it simply by writing to the proper address.

You have not yet answered:
a) whether you have an address for serving notices
b) whether you have written to that address

Assuming the Break Clause can be excerciced, AND all joint tenant agree, you could end the tenancy by all writing to the proper address, with the proper notice (probobly 1 or 2 months).

That is likely to get a response - your joint tenants could then arrange a new tenancy with new joint tenant.

If however he is in prison, or too sick to respond etc, you will have a problem. The tenancy will end and you should all leave.

If he has died, you need to deal with the Executers of his Estate who will be your new landlord.

Or if you all acted together, you could simply withold rent (keep it aside to pay later - don't use it down the pub!) - that is likely to flush him out..... If you do this, I would also write to him at the proper address explaining why and stressing that the rent is available to him as soon as contact is made.

macman

If the tenancy is with the LL (rather than with a company) and he has died, is not the tenancy void?
I too am struggling to see if the agent is acting as a letting agent or a managing agent?

davidmcn

macman wrote: »

If the tenancy is with the LL (rather than with a company) and he has died, is not the tenancy void?

No, his executors would now be the landlord. The tenancy continues as before.

theartfullodger

davidmcn wrote: »

No, his executors would now be the landlord. The tenancy continues as before.

I think to be precise "The estate of Mr xxx" is now the landlord & the executors are responsible for matters, until probate granted....

Think in Scotland this may be different: Are we talking England??

G_M

macman wrote: »

If the tenancy is with the LL (rather than with a company) and he has died, is not the tenancy void?
I too am struggling to see if the agent is acting as a letting agent or a managing agent?

Makes no sense.

If the landlord is a company then..... the tenancy is "with the landlord".

If the landlord is an individual who dies, the tenant gets a new LL (the estate).

If the LL is a company that goes bankrupt, the tenant gets a new LL (the Official Receiver).