Landlord wanting his house back, various problems- advice needed please

G_M

swingaloo wrote: »

Page 3 of the checks require the current landlords address, mobile and landline number and his email address. He has moved from the property they know he was last living in, his phone number is 'no longer available' and his emails bounce back. They have spoken to the agent they want to rent from and explained the situation but they understandably say they cannot process the application till they have his details.
Were they given, in writing, (in the contract?) an address ' for servig notices' at any time? If not they need notpay rent. Give that address to the new LL/agent.
If he has moved without providing a new address, that is the address to use, for this and all formalletters.

So my next questions.

Do they have to allow an estate agent in to take photographs or agree to have viewers?.
No.
Their contract might require them to allow access in the final month (or 2)- check the tenancy agreement. Buy as they have not been served proper notice, they are not in the final month. Or 2. or even 3!
Change the locks.

If an estate agent calls at the property are they within their rights to tell them that they are tenants and have not been served notice so the house [STRIKE]would need to be photographer from outside only and also advertised as having sitting tenants?[/STRIKE]
may not be photographed either internally or externally.
They are so worried about this situation and to be honest they just want to get out but they need him to cooperate in order to do so which he does not appear to want to do.
The more difficult they make it themore likely he is to eventually cooperate.

Change the locks. Do not allow viewings. Do not allow an EA or surveyor access for photos, survey, valuation, or any other reason. Be firm but polite.

https://www.youtube.com/watch?v=VXAo7zSN-9o

https://www.youtube.com/watch?v=7VHm_QhWlMQ

They have been told the house will go on sale on 14th Dec either with the in it or not.

Well the landlord will find it

a) hard to sell with tenants present - even cooperative ones!
b) impossible to sell with uncooperative ones who have changed the locks and refused access.
So he will have to negotiate with them. They should then ask for his address etc tofacilitate moving.

Cakeguts

Change the locks and take control of the situation.



Use the last address that the landlord gave you even if you know that he has moved because as others have said this is the official address for you to serve notices connected to your tenancy.



It isn't up to you to supply a new address for your landlord. Use the one you have. Fill in the details using the details for phone number, email address and address that your landlord gave you in connection with your tenancy. That is the official contact details for your tenancy until your landlord changes them. You can't change them.

Marvel1

swingaloo wrote: »

They have been to see a property and applied for it. The agent has sent them both an application form for the checks to go through as they use a company to do this.

Page 3 of the checks require the current landlords address, mobile and landline number and his email address. He has moved from the property they know he was last living in, his phone number is 'no longer available' and his emails bounce back. They have spoken to the agent they want to rent from and explained the situation but they understandably say they cannot process the application till they have his details.

They have explained this to the daughter as her email is the only way of contact and she has said 'He is not prepared to give out his personal details'. They think he is hiding from bailiffs and the like. But this just frustrates them being able to leave. They have been told the house will go on sale on 14th Dec either with the in it or not.

So my next questions.

Do they have to allow an estate agent in to take photographs or agree to have viewers?.

Based on above, no chance.

To repeat others, change the locks.

Comms69

swingaloo wrote: »

Thank you for the replies.

Its as I thought but its always good to get 2nd opinions on here.

Just one query Comms69, you have advise 'Stop paying rent until they have an address for notice to be served'.

Wont that put them at risk of eviction after 2 months non rent payments as the landlord would have grounds?

Keep the rent, don't spend it. That way you can pay off any arrears before court if it goes that way. BUT if there isn't an address in E or W, then no rent is due to be paid. (though it will be due for the full period once they have an address)

Brilley wrote: »

...Not suggesting that "not paying" is a good idea as it will go on their record and may influence future rentals? - well there is no 'record', so they are in the same position as they are now However, if they don't leave "voluntarily" it would normally take the courts to get them out via the "eviction" route anyway, and this could take months? - indeed, at least 2 months, but realistically longer as s.21 notice takes 6 months

If they can find somewhere to go that they are happy with then it's probably best for them to go as and when they are ready. Also as the LL is being so unproffesional / awkward I would be tempted to see what he is prepared to offer as a "sweetner" for going.

The landlord can always put the property up for sale when he wants, but probably much less market appeal with "sitting tenants"?

Only to BTL buyers and not many would buy if they cant get a viewing.

swingaloo

Thank you all for the replies, much appreciated.

brianposter

Can the daughter not provide her own address for the landlord ?

swingaloo

brianposter wrote: »

Can the daughter not provide her own address for the landlord ?

My friend is actually suspecting that the 'daughter' is actually the landlord bluffing as the emails are in the vein of 'he is ill', 'its nothing to do with me' etc apart from a slip up on one of them where it says 'Im not' when it should say 'He's not'.

Also as far as my friend is aware his eldest child is only about 12!

G_M

Were they given, in writing, (in the contract?) an address ' for serving notices' at any time? If not they need not pay rent.

swingaloo

G_M wrote: »

Were they given, in writing, (in the contract?) an address ' for serving notices' at any time? If not they need not pay rent.

No they were not, as I stated in the opening post they were never given a written contract, nor any other paperwork they should have had.

G_M

swingaloo wrote: »

No they were not, as I stated in the opening post they were never given a written contract, nor any other paperwork they should have had.

Then stop paying rent!

Explain why, quoting the Act. (Landlord and Tenant Act 1987 S48)

That will either save you lots of money or lead to you being given an address!


(note that once you get the addess you will need topay the back-rent, not just start paying rent from that date. So don't spend it down the pub!