Landlord left country-I want to give notice pls help

NdHelp · 8th July 2008, 21:02

Hi,

I have been reading through the forums and the information is gr8!especially as I need to claim against my landlord as he has not protected my deposit. But i need advice with another matter please.

My landlord left the country shortly after I moved in without my knowledge, he sent a text message stating he was working in Manchester.

I found out via his brother after the boiler packed in that he is living abroad. His brother refused to give me contact details and advised me to carry out repairs. I then got a call from an +38 number a couple of days later - it was the landlord. At this point the boiler still had not been repaired as it has been installed against building standards (the electrics as well) After 3 1/2 weeks the boiler was repaired after much arguing! I wont go into all of this now - I'm just painting a picture of the landlord.

My problem now is that I have spoken to the landlord mainly via text messages and informed him that I intend to vacate this month - 3 months short of my agreement. He agreed to this and I sent him a letter (recorded delivery) to the hammersmith address to confirm this. I have asked him to reply and confirm that it is ok but as he is now not answering my text messages and he is not in the country, I dont know how to get him to put it in writing that I can leave or even tell me no for that matter.

I am looking for tenants for him at this time.

Please advise - I am at wits end with my LL

MrShed · 8th July 2008, 21:31

If you have no address in England and Wales for your landlord, RENT IS NOT PAYABLE.

You do not need the notice confirmed in writing, recorded delivery is sufficient. When did you move in, and what is the fixed term?

NdHelp · 8th July 2008, 21:40

Hi,

Thank you for your reply. I moved in 27 April 2007, I gave notice to vacate 27 July 2007. I am on an assured shorthold tenancy for 6 months that is why I asked the landlord if it is ok that I move out sooner as my partner has lost her job and we wont be able to stay here. I have already made plans to move in with friends to help us through this time.

I also am planning on putting a claim in against the landlord as he is refusing to give me details of the tenancy deposit scheme for the last 3 months now.

I just want to mention that the landlord is very aggresive, blamed me for 'breaking' his boiler and stating that he refused to pay for the first plumber who charged me £141 (this was authorised by his brother). As a result I deducted it from the rent. In light of all of this I am sure he intends to keep the deposit and there must also be another agenda to him not wanting to give me formal agreement to vacate.

So I dont need a letter from him? just my proof of postage?

MrShed · 8th July 2008, 21:44

You gave notice to vacate LAST JULY???

NdHelp · 8th July 2008, 21:47

Hi.

Sorry - I meant 2008 in both cases....:o

MrShed · 8th July 2008, 21:51

OK thats slightly different then. Irrespecitive of anything else, you are obliged to pay the rent from April to October.

NdHelp · 8th July 2008, 21:53

So I have no options in this case?

MrShed · 8th July 2008, 21:57

Not really. If you were outside of the fixed term, your notice would have been sufficient. However, you are in the fixed term so you require the agreeance of the landlord. With this in mind, as you cannot prove such agreeance, you will struggle.

That said, I would be inclined to deduct the deposit from any rent owed - as you say you may not get it back, and any claim will struggle against a non UK-resident landlord.

NdHelp · 8th July 2008, 22:05

Thank you for your advice. it seems i have a huge problem...

does it count for anything that on the agreement i have the landlord's address as UK? could it help with my claim on the tenancy deposit. i dont actually want to claim, i just want to avoid losing my deposit when i move out.

i am currently looking for new tenants as agreed by LL, should i even bother?

thanks

MrShed · 8th July 2008, 22:09

Can you get a judgement against him? Sure.

Can you enforce it? Not a hope if he doesnt want it enforcing. You cant send baliffs to another country.

Yes you probably should get the other tenants if you can, as this is your only real hope of ensuring for definite that you can leave early.

NdHelp · 8th July 2008, 22:35

thank you for your replies, i appreciate the advice

NdHelp · 10th July 2008, 15:51

Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Jul 2008
Posts: 7

Pls advice - I have a huge problem with LL
I have posted a thread before regarding my landlord but things have gotten worse and I need advice. My landlord is not in the country, he refuses to answer my text messages when I ask where he is, when is coming back..i think he has left the country as a storage company sent him a letter to the flat.

The landlord agreed verbally and in a text message that I can leave the lease early with 3 months remaining. He asked that I find people and have them sign with his estate agent. I sent a confirmation of our discussion and agreement via recorded delivery and he has not contested the letter obviously because the address he gave me is not his home in the UK.

Now i have people ready to sign but his agent wont answer or reply to my messages and neither will the landlord. So how do i go about placing people as he texted my saying they must sign with his agents.

can someone pls advise me,

MrShed · 10th July 2008, 16:10

Do you have the contact details for his agent?

NdHelp · 10th July 2008, 16:47

MrShed · 10th July 2008, 17:10

Then get his agent to authorise, as per his instructions....?

NdHelp · 10th July 2008, 21:48

hi,

i finally got hold of the agent after finding a tenant. The landlord charges me x amount for rent and when i asked him how much the new tenant must pay he said the same amount.
so i advertised and spent 2 weeks finding a suitable tenant, now the agent says the new tenant must pay more - so that leaves me with egg on my face regarding the new tenant who i stated can have the flat for the same price. the agent says if i do not charge more, i am responsible for agent fees of +- £2000 and contract fees.
the agents are also doing no advertising for some reason.

am i responsible for agent fees even though i signed a lease only with the landlord?

please advise - i am at the point of giving up and seeing if the landlord takes me to court. i am also going to put in a claim against him as his address i have is uk based. the landlord refuses to correspond with me so that i can make this whole process amicable at the least..

MrShed · 10th July 2008, 22:18

Potentially you are yes. Although as you are effectively assigning the tenancy, it would be unreasonable for them not to take a tenant on at the same rent.

NdHelp · 10th July 2008, 22:20

thank you for the advice again

i think im gonna leave and see what happens..

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit	Small Claims Court Guide New Edition	CallBurner - Skype CallRecorder Review	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki N.B. Please note - due to postage costs these products are only available in the U.K.