Landlord not reachable / how to get deposit

[Paspanuki]

Hello,

 

II've been living in my current flat for the past 12 months. And now, I'm moving to abroad to my home country to pursue my studies.

 

We signed the contract the 1st of OCTOBER 2011 for a minimum period of 6 months. After that, either party has to give 1 month notice before leaving.

 

I paid 6 weeks of deposit (1194), which appears on the contract but I dont have receipt.

 

I've been trying to contact my landlord since the 12th of September, both via email and by phone, and he doesn't reply neither my calls or my emails. I don't have his personal address.

 

Dodgy info: A few months back he changed his phone number, on the 12th the new phone number was on but he didn't pick the calls. After a few days this phone is constantly off and suddenly the old phone is working again. Also, he has given a different email to different tenants in the house.

 

Now my question is, I have to leave by the end of the month, but obviously 1 month notice would mean I have to pay till the 12th of October (something I was happy to do as long as I got my deposit back).

 

So there are two possibles outcomes:

 

- I don't pay the 12 days of October and leave the country (could this affect my credit rating? I'll probbaly come back to the UK in one year) and he would keep my whole deposit

- I pay the 12 days, and then start the messy thing of flying in and out of the country while taking court action

 

If you have some enlightement to my situation would be really helpful.

 

Thanks!

Edited September 19, 2012 by Paspanuki

[mariner51]

So you signed an AST for fixed term of 6 month, so since 1st Apr it has been SPT?

 

Have you provided LL with written NTQ served at address on AST for service of Notices? If so when was it sent?

If you are in SPT then Notice must be served before end of 1 tenancy period to expire at end of next T period.

As the T commenced 1st Oct 11, the SPT was automatically created 1st Mar 12 and if rent is payable monthly, the last day of any T period would be last day of month, not the 12th as you surmise.

Do not rely on giving Notice by tel or email as service (receipt) cannot be presumed. Also deposit should not be released until after T has terminated and LL has had opportunity to check property.

Okay there is question whether protected your deposit as reqd by Law.

I think the best you can do is have a prof moving out inventory taken, with photos, at own expense. If LL pursues you for damage and unpaid rent in exccess of the deposit, he would have to find you first. If you do not send him your NTQ to terminate T in 1 month time, he could serve Court papers at your last known UK address (his rented property) and you could return to find a CCJ on your credit file, which will prob mean failing credit check when next renting in UK.

[Paspanuki]

Thanks for your reply!

 

This is what the contract says:

 

AST until 31/03/2012, if I wish to continue (which I did) it became a "monthly contractual tenancy". I have to give one month notice to end it, and the notice must be given to expire on a rent payment day.

 

SO yes you are right, I was wrong with the 12 days thing.

 

I will write a NTQ and leave it in the property, as I don't have any other method of contact. Should that be fine?

 

Then I assume if I want peace of mind I will need to pay full November, and wait for him to payback the deposit or start legal action.

 

Let me know if I'm missing something!

[mariner51]

I will write a NTQ and leave it in the property, as I don't have any other method of contact. Should that be fine?

 

NO. The AST should contain an address for service of Notices, poss Agents, prob not LL private address.

 

If you post NTQ on Fri 21st Sept, it will be deemed served on 25th, before 30th deadline. It will then expire at end of next T period (31st Oct) and terminate T, so Nov rent not due nor payable. You must vacate on or before 31 Oct and you will be liable for property until 31 Oct, so turn off gas, elec & water at mains/stopcock and ask neighbours to keep eye on it. Or you could suggest in NTQ that LL may take possession and re-enter property on even though you have paid Oct rent. Keep a copy of your NTQ and post First Class obtaining free Cert of Posting from the PO counter for retention.

[Paspanuki]

Thanks Mariner51 for your time advising me on this case.

 

Sorry my mistake the November thing, I meant October.

 

I re-checked the AST, and no address appart from the one I'm living appears. The house is a flatshare, and the LL actually receives post (even if he doesn't live here, as he pays the utility bills), and he comes every now and again to collect it (but now he is MIA, so that's the problem).

 

I think under this circumstances I will auto-send to my own address the NTQ by post obtaining the receipt so I have proof.

 

I will also send a scanned version to his email for further proof that I have done everything in my hand to give notice in time.

[mariner51]

So LL is using the flats as his postal address? OK fine. he is using block of flats as his postal accom address. My point was not to leave NTQ in your flat, nor post to your flat eg flat1, 15 Dodgy St but address it to Mr 15 Dodgy St. In circumstances email copy of NTQ to LL is sensible if it states 'copy of NTQ mailed to at 15 Dodgy St on . Keep copy of sent email with transmission info, for records.