change of management

[GS2010]

In the midst of my tenancy, (landlord) LL has e-mailed and said that he will have his friend take care of the flat. Previously, LL was managing all issues. He e-mailed me his friend's e-mail address and phone number. I asked for his friend's contact address but he replied to use his own (landlord's address mentioned on contract). He said for all issues related to the flat to communicate to his friend only.

 

Is this arrangement by him appropriate?

 

One concern I had is that I will serve notice only by special delivery or DHL because I need to keep a proof of my posting and also ensure it is delivered to the person concerned. If I send the notice in his friend's name but use the LL's address, his friend will not be there to sign for these mails and they will return undelivered.

 

I cannot take the risk of sending by ordinary post as there is no record of him receiving it and I cannot guarantee the date it will reach him. The contract mentions I can end the contract by serving not less than 2 calendar months in writing but I prefer the notice to reach at the exact date rather than earlier to bring an end to the contract.

 

The following clauses were mentioned in my contract:

 

1) Any notice given by tenant or any document to be served on the landlord shall be deemed served on landlord if it is

- sent by ordinary post to the landlord properly addressed to the landlord by name.

 

2) Any notice or other document left at the property/office of the landlord shall be deemed served on the day it was left or if sent by post then it is deemed to have been served 48 hours after it was posted.

 

3)The Contract (Rights of Third Parties) Act 1999 shall not apply to this agreement and unless specifically herein provided no person other than the parties to this agreement shall have any rights under it nor shall it be enforceable by any other person other than the parties to it.

 

 

I wonder what rights his friend (new management) has over No. 3 above.

[johnhowell]

Your contract is always with the Landlord. Notices to the Landlord as per the contract.

 

Just because he wants someone else to act as his agent then that is his affair - does not change the contract.

 

I would suggest always contact the Landlord, but now copy in his agent.

 

With regards DHL/Special Delivery - read other messages on this forum and the Notices only have to be posted as stated in your contract. You can do Proof of Posting at the post office - your contract makes the statement that the letter will be deemed to have arrived within two days. Someone here also mentioned that if you send Special/Sign For/DHL, your Notice may actually be refused and will have to be returned to you!

 

Regards,

John

[Steve__M]

As John indicates, the landlord's decision is perfectly fine and up to him.

 

Should you be unhappy with his agent's performance there is nothing that stops you from contacting the landlord again.

 

Rights of third party etc. is a red herring I think. It just means that the friend can only do what the landlord asks, and cannot unilaterally decide to enforce any part of the contract.

 

Keep things simple and serve notice as stated in the contract.

[GS2010]

Thanks...then I will do as the contract says re notice. Anyway, I still prefer to use DHL/special delivery to LL so they can sign it. In the past, I have used posted important letters by ordinary mail but the person did not receive it. Proof of posting does not mention details about what has been sent (the contents) so it's not very reliable to show a notice letter was actually sent. With DHL, I think they take details to mention on the package the contents.

 

Is it necessary for the LL to write a signed letter regarding change of management or is his e-mail note is sufficient that he wants everything managed under his friend? I think the latter seems sufficient but I just want to be sure as I am quite new to this.

[GS2010]

Thinking over what you have said, would it be safer to do both ordinary post and special delivery or DHL. My contract only mentioned about using ordinary post to deliver but anyway did not state that it is the only method allowed. Nevertheless, I think it will be safer to do it both ways although it seems a bit strange. But I can't guarantee that ordinary post will reach within 2 days. Post office is very unreliable and both my my delivery methods may reach on different days except with DHL which is guaranteed to reach on the day they promise. But my contract did assume the stamp is all it will consider and count 2 days from there. With something as important as a notice, it is better to do both ways.

 

Also I need to e-mail the LL and let him know that for notice I will only send in LL's name, not his friend.