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Legal matters

our landlord hasn't collected our notice

17 replies

RavioliOnToast · 23/05/2016 12:09

We posted our one months notice on 20th may, for them to have it by 1pm today.

I've checked the tracing and it was attempted delivery on 21st may but they weren't in and it needed to be signed for.

They haven't collected it from the post office and are ignoring correspondence from us via text.

What happens if they don't reply or collect it? They'll know what the letter is as we sent them a text detailing it was on its way (text has since been deleted as my dh had to hand his phone back to the manufacturer this morning for a replacement and hasn't screenshot the text)

Will we still be able to move out as planned on or before the 24th June? Our rent is Due on 25th.

Fwiw, they haven't secured the deposit. Will we get this back?

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RavioliOnToast · 23/05/2016 13:00

Bump

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RavioliOnToast · 23/05/2016 13:45

I just text the number and got a response to say it was the wrong number. If I hand deliver the letter shall I get a signature if they're home? Xxx

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PigletJohn · 23/05/2016 14:16

Send them additional copies of the letter by ordinary post. You can attach photocopies of the post office receipt for the original if you like.

"Fwiw, they haven't secured the deposit."

Excellent.

"Your deposit is your money. Your landlord should protect your deposit in one of the schemes listed within 30 days of receiving it. If not, you could be due compensation of 1 to 3 times the value of the deposit."

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Kidnapped · 23/05/2016 14:31

Are they local? If so, you could hand-deliver and take a date and time-stamped picture of you putting the envelope through the door. Take another one of the front of the house (even better if there is a house name or number in the shot). Keep the pictures as proof. Or you could take a video of you doing the above. Or take an independent witness with you.

Then write them a further letter (just put in normal post), stating that you have tried to contact them several times, but have now served notice at their address and that you have taken photographic evidence of this.

Don't knock on the door. Sounds like they don't want to accept your notice and are trying to delay in order to force you to pay another month's rent. They probably wouldn't accept the notice anyway and would just say that they didn't receive it.

And yes, so long as you get the letter to them by the 24th, your notice period is valid.

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RavioliOnToast · 23/05/2016 14:44

Before I read this post my grandad came for a copy of the letter to try and hand deliver it. Should he get something signed? XXXX

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RavioliOnToast · 23/05/2016 14:46

Sorry I keep putting x's Blush I'm between Mumsnet and texting my DH!

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Mrsfancyfanjango · 23/05/2016 14:50

If they haven't secured your desposit they can get in a lot of trouble! If you took them to court they could be ordered to pay you 3x the amount. Sorry no idea how to link to the info but take a look on google.

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specialsubject · 23/05/2016 15:00

this (20 20 hindsight...) is why you don't use recorded delivery for this. You send two copies from two different post offices and get proof of posting. That is deemed proof of delivery. (it is the standard advice when a tenant disappears so there's no reason not to use it the other way). Or hand-deliver with a witness if local.

your notice ends on the period day of the tenancy - the monthly 'anniversary' of when you moved in. So if that was the 25th you can still give your notice and leave as planned without obligation to pay more rent: IF you get a shift on.

england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_periodic_agreement

unprotected deposit? Boy oh boy. Take his sorry arse to the cleaners.

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RavioliOnToast · 23/05/2016 17:44

Well we were going to pay on 25th this month up until 24th of next month, and cancel the standing order. My grandad went down earlier to deliver the letter but there was nobody in. I've kept the receipt from posting the letter, surely it's not my fault that they haven't collected it? I wonder if they're on holiday? Then what'll happen?

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RavioliOnToast · 23/05/2016 17:45

And definitely not protected, I've checked all three organisations

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specialsubject · 23/05/2016 17:52

If your grandad put it through the door with a witness and took photos, or you send with proof of posting, then the notice is deemed served.

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specialsubject · 23/05/2016 17:53

Oops...as long as it is to the address for service of notice that you have. If they are on holiday - too bad, not your problem.

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RavioliOnToast · 23/05/2016 19:13

I sent it with proof of posting (a receipt) my grandad didn't post it. He wanted to hand deliver it to a person, or not at all. So does it look like we've done it all right? I think we might be going to video me posting it tomorrow.

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specialsubject · 23/05/2016 19:38

Do that - photos not video and a witness.

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RavioliOnToast · 23/05/2016 19:57

Can my grandad be witness or is he not neutral enough?

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specialsubject · 23/05/2016 20:16

Not sure on that one - legal witnesses for documents can't be relatives but don't know about this, sorry.

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Stylingwax · 23/05/2016 20:20

I did this recently. Recorded delivery wasn't collected so I did a lot of googling and special also advised and I did two proofs of purchase and a photo of me putting it through landlord's door. Who was clearly on holiday due to pile of post and it wasn't an issue when we got back.

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