Posted by
bub
18 yrs ago
we have to vacate our flat and have sent a 1 and 1/2 mnth notice to our landlord by registered post, there is no reply....... we "sms"ed him......... no reply, we call him everyday, no reply........ what is the way out?
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If you have sent the letter via registered post you can check with the post office that it has been delivered. Was it to be signed for?
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Do check to see if the terms of the lease allow for break clause and that both parties have agreed to one and a half months of notice. If you are covered on this. I think the problem you are faced with is getting the deposit back.
In any case, you should try to send another letter to the effect that you have not heard from him/her to arrange for handover and reiterate the fact that you have given proper and legally bound notice based on the first letter which was in accordance with the signed lease agreement. Notices served by registered mail to address as stated in the lease constitute proper legal proof whether the landlord acknowledges or not.
Do 'double register' or even hand deliver the letter and try to get to see the landlord or whoever you can get hold of. Try to go in the mornings before work or early evenings if it is a home address to try and catch him/her. If nobody answers the door, security guards/neighbours can sometimes be helpful if you inquire nicely, explain your dilemma and solicit their help to share whatever knowledge they might have on whether the flat is occupied or movement of people. You might have to do a bit of Sharlock Holmes job here.
The person might be out of town or in some kind of personal difficulties so don't get all worried until you've exhausted attempts to get hold of him/her.
Worse case scenenios,
1. stay in the flat for 2 extra months to cover the deposit (although not a proper legal approach)
2. Vacate the flat and fulfill your obligations to make good any repairs. Terminate any utility account under your name. Switch off all water, electrical and gas mains as well as water supply to flushing toilets, make sure all doors and windows are tightly secured. Engage a solicitor and issue a letter to the effect that you have vacated the flat and the key is with the solicitor. Seek the return of deposit.
Alternatively, file a claim at the small claims triute assuming your deposit is within the upper limit for such cases.
3. If you are in a place with professional building management or have security guards whom you can talk to. Advise them of your situation and have them keep a close eye in case your landlord goes there and tries to get into the flat without letting you know. Leave them your contact number and get help from them to notify you at the first instance.
Good luck.
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One other thing, you can check with the Govt to see if the flat has changed ownership. In most case, large real estate agents have access to govt database and can check for you foc.
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bub
18 yrs ago
we have been able to get in touch with him,calling him at odd hours etc..
Lets see what comes up, thanks for your advice, you did work hard !!
Thanks again.
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