Moving out of rented accommodation *complicated*

Chooru

Hi there,

I'm in a bit of a pickle and need some advice. 

Basically, I have been renting privately and I am currently in the process of buying a property, which we are about 4-6 weeks away from completion on. My landlord used to be quite respectable, both as a landlord and within the local community. However, in recent years he has had a downfall due to drugs and gambling, which I have only recently became aware of. 

Last year, my landlord visited my home and asked to be left alone in one of the rooms. Whilst I thought it was weird, I allowed it, not thinking much of it. A few days later, he came back and asked again to look around the flat as he forgot some details. He again asked to be alone in the room. This time, when he exited the room, I saw him throw a package around the corner towards the front door - he didn't realise I saw him do it. Now that I know he is caught up in drugs, and recently been arrested for being in possession of a class A drug, I am assuming that he left this at the property and then collected, thinking we wouldn't see him. 

I am also now receiving letters from a law firm acting on behalf of his mortgage provider, advising that the bank is currently trying to reposes the property due to non-payment and advising me to contact homeless charities. 

I want to leave ASAP and I am trying to quicken the process of my sale as we are now at the end of the chain. However, I am very anxious about giving my landlord notice as I do not want him coming to the flat after last time (I also have a job in which if it was discovered drugs were at the property, I'd be immediately suspended because of safeguarding concerns, pending an investigation.) In addition to this, I am receiving near weekly debt collectors knocking on my door looking for him (I don't know his address anymore and his phone has been cut off, so I have no way of contacting him, as all previous contact was through his work email, which he was fired from...). He is also telling the police and courts that he lives at my address and I am receiving all court letters for him, which is obviously concerning. 

Given that I am receiving letters stating the flat is likely going to be repossessed and I am receiving letters to this effect, where do I stand with just moving out and informing the estate agent? It's worth noting that although my tenancy is with the estate agent, my landlord had a falling out with them a few years ago and it was agreed I'd pay the landlord directly (it's complicated.) We are currently in a rolling tenancy with a 30 day notice period. 

Any help/advice would be appreciated.

MaryNB

Change the locks asap. He doesn't have a right to enter without your permission. 

How much time do you expect there to be between exchange and completion? You shouldn't be giving notice until you have exchanged. Is the notice 30 days or a month that has to line up with the rent due date (i.e. notice of one rental period)?

canaldumidi

Read my post here:

Post 6: Repossession: what if a LL's mortgage lender repossesses the property?

Remember if you leave (for whatever reason) you still need to serve (proper) notice. So

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

TripleH

I would also NEVER leave him alone in a  room in your property again, its not worth him destroying your life as well.

I'd keep the doors locked and windows secured so no-one can gain access to the property without your consent and keep a copy of your rental contract to hand or the page showing you as tenants and him as landlord.

rexmedorum

Gosh you are in a bit of a pickle indeed and I can see why you want out there.
Changing the lock while you still have to be there is a great suggestion.

In your position I'd also want out asap and I would even consider storing my stuff and ai B&B-ing for a bit if needed.
In terms of giving notice: unless you've been told otherwise you just write to the adress on your contract. 

canaldumidi

rexmedorum said:

...
In terms of giving notice: unless you've been told otherwise you just write to the adress on your contract. ...

... giving the appropriate notice period. Although it is possible, it is unlkely that this is 30 days. Please confirm whether your periodic (rolling) tenancy is contractual or statutory (see the link in my last post above), and if contractual, what is the exact wording in the contract?

Please also conform if you pay rent weekly or monthly?

RAS

Just to clarify, in most cases you can change the lock barrel for a few quid (you tube). As long as you replace it when you leave, you are Ok, regardless of what your contract says.

Assuming England or Wales, you give notice to your LL via the address for the giving notices listed in your rental contract unless they have updated that information formally. Regardless of whether you think the LL is living there or getting mail at the address. It's their responsibility to advise you of any change.

if that's postal, it has been suggested that you send two letters, first class, via different post offices and get certificates of posting. It's assumed that the letters will be delivered two days later.

Read your contract to check whether your month's notice needs to align with rental period. 

It might be worth returning any mail received addressed to your LL to the sender, not living at this address?

rexmedorum

It might be worth returning any mail received addressed to your LL to the sender, not living at this address?

If that hasn't happened yet it should definately be returned to sender!

Pixie5740

Chooru said:

Hi there,

I'm in a bit of a pickle and need some advice. 

Basically, I have been renting privately and I am currently in the process of buying a property, which we are about 4-6 weeks away from completion on. My landlord used to be quite respectable, both as a landlord and within the local community. However, in recent years he has had a downfall due to drugs and gambling, which I have only recently became aware of. 

Last year, my landlord visited my home and asked to be left alone in one of the rooms. Whilst I thought it was weird, I allowed it, not thinking much of it. A few days later, he came back and asked again to look around the flat as he forgot some details. He again asked to be alone in the room. This time, when he exited the room, I saw him throw a package around the corner towards the front door - he didn't realise I saw him do it. Now that I know he is caught up in drugs, and recently been arrested for being in possession of a class A drug, I am assuming that he left this at the property and then collected, thinking we wouldn't see him. 

I am also now receiving letters from a law firm acting on behalf of his mortgage provider, advising that the bank is currently trying to reposes the property due to non-payment and advising me to contact homeless charities. 

I want to leave ASAP and I am trying to quicken the process of my sale as we are now at the end of the chain. However, I am very anxious about giving my landlord notice as I do not want him coming to the flat after last time (I also have a job in which if it was discovered drugs were at the property, I'd be immediately suspended because of safeguarding concerns, pending an investigation.) In addition to this, I am receiving near weekly debt collectors knocking on my door looking for him (I don't know his address anymore and his phone has been cut off, so I have no way of contacting him, as all previous contact was through his work email, which he was fired from...). He is also telling the police and courts that he lives at my address and I am receiving all court letters for him, which is obviously concerning. 

Given that I am receiving letters stating the flat is likely going to be repossessed and I am receiving letters to this effect, where do I stand with just moving out and informing the estate agent? It's worth noting that although my tenancy is with the estate agent, my landlord had a falling out with them a few years ago and it was agreed I'd pay the landlord directly (it's complicated.) We are currently in a rolling tenancy with a 30 day notice period. 

Any help/advice would be appreciated.

You say your tenancy is with the letting agent. That sounds unusual. Is the estate agent actually named as the landlord on your tenancy agreement or is that the address for the serving of notices is the letting agency’s? 

A 30 day notice period also sounds unusual but not impossible. The link calamine canaldumidi has given explains how a periodic tenancy can be ended. 

Nothing you have posted means that, legally, the way you would serve notice and move out is any different than if the mortgage lender wasn’t taking steps to repossess or your landlord (although how can he be your landlord is you say the estate agency is your landlord?) wasn’t coming round. 

Chooru

Thank you for your responses. My landlord used to own the estate agents that we rented through, so it's somewhat complicated. 

I return all post as return to sender that I receive, but this doesn't stop them sending new letters (I assume that this is because he tells them he lives here - one of the debt collectors who came to my door explicitly said that my landlord told him that he lived here.)

Contract actually says 1 months notice, so I am assuming that's for the month I hand the notice in for? (So if I had in in October, it's 31 days, 30 days for November?)

In regards to changing the locks, where do I stand on this? The estate agents have said that I need to let him in with 24 hours notice. 

With giving notice, I write to the address on the contract? I don't know if he still lives there (He could!)

Thanks for all your help. 

canaldumidi

Chooru said:

Contract actually says 1 months notice, so I am assuming that's for the month I hand the notice in for? (So if I had in in October, it's 31 days, 30 days for November?)

Please quote exactly. You are probably right, but it is common for notice to align with tenancy periods.
In regards to changing the locks, where do I stand on this? The estate agents have said that I need to let him in with 24 hours notice.

That is standard.  Though there is little the EA can do in practice if you refuse.....
With giving notice, I write to the address on the contract? I don't know if he still lives there (He could!)

Yes. If you serve notice there it is legally served - that's why the law requires the LL to provide an address. If the LL does not live there/receive it that is his problem - he should have upfated the address you have.
Thanks for all your help. 

hope this clarifies.