Repair required, can't find Landlord

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    Repair required, can't find Landlord

    I have been renting a flat for 18 months, the Lanlord supplied washing machine broke down a couple of weeks ago, however I can't find my Landlord.

    The mobile number and address he used on the contract are no longer the correct contact details and basically I can't find him.

    I pay him by standing order, would his bank pass on a message?

    How long should I wait before making a legal approach, what is reasonable?

    Should I just replace the machine with my own and leave his broken one somewhere on the premisses?

    Any suggestions?

    #2
    1. No, re Bank. They always claim data protection, although that's never stopped them flogging mailing lists before.
    2. What did your AST say about the washing machine? In it, did L agree to be responsible for providing and repairing? If not, he's not.
    3. Use LR Direct to buy (for £3) a copy of the Register entries showing his name as proprietor and, more important, his address for service.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Thanks for that, yes he is responsible for all white goods and had previously had the machine repaired. Only that time his address and phone number were correct.

      Comment


        #4
        Stop paying the rent and the LL will soon crawl out of the woodwork. Keep the money in a seperate account so you cna pay it when he does contact you.
        GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

        Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

        Comment


          #5
          I paid for a LR search only to discover that my landlord has listed the flat I occupy as his contact address. If I stop paying it will be 4 weeks plus before he notices and I am now into week 3 without a washing machine. OK it's not life threatening but very inconvenient.

          Any other thoughts??

          Comment


            #6
            Originally posted by grayfly View Post
            I paid for a LR search only to discover that my landlord has listed the flat I occupy as his contact address. If I stop paying it will be 4 weeks plus before he notices and I am now into week 3 without a washing machine. OK it's not life threatening but very inconvenient.

            Any other thoughts??
            If L has a Letting Agent, serve on the Agent a Notice under s.1 of LTA 1985. Failure to disclose in reply is a criminal offence.

            If not, there's not a lot that you can do. L's failure to provide an updated address is in breach of s.48 of LTA 1987, true, but that's only a civil law breach (i.e. rent is not demandable, so arrears cannot be treated as arising, unless and until L complies; it's not a criminal offence).
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Originally posted by grayfly View Post
              I paid for a LR search only to discover that my landlord has listed the flat I occupy as his contact address. If I stop paying it will be 4 weeks plus before he notices and I am now into week 3 without a washing machine. OK it's not life threatening but very inconvenient.

              Any other thoughts??
              Personally I'd have thought that given the fact that the LL's been incommunicado for so long, you'd be well within your rights to get it repaired and deduct the cost from your net rent payment - doesn't anybody else agree? I'm just surprise nobody else has suggested it.

              If so I'd certainly go for a repair rather than replacement if feasible, even if the repair cost is sufficiently high such that most people would probably decide to dump it and buy a new one.... easier to justify to the landlord eventually I think.

              Comment


                #8
                You have to make an attempt to contact the landlord and give reasonable Notice of repair. As this is nigh impossible I would send a letter c/o landlord's bank giving 14 days Notice of intent to undertake repairs and deduct it from the rent. No court would rule against you I would think.
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                Comment


                  #9
                  Thanks for the responses, good suggestions.

                  Comment


                    #10
                    Originally posted by Paul_f View Post
                    I would send a letter c/o landlord's bank giving 14 days Notice of intent to undertake repairs and deduct it from the rent.
                    In view of what Jeffrey said about banks not passing on messages, might be worth ringing the bank and seeing whether or not they're willing, before you delay another 14 days!

                    Comment


                      #11
                      YOu can write a letter to the bank with a sealed envelope containing what you want sent on and the bank sometimes will address it for you! Write the Landlords name on the envelope and in the letter enclose his bank accunt number so they can check his details.

                      Its now 7 years since I last worked in a bank but during my time there I sorted lots of letters like this out! THey may or may not still carry this on.. but its worth a shot.
                      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

                      Comment


                        #12
                        Banks allow payees to attach a small amount of wording to manual payments and internet transfers to act as a payment reference.

                        How about paying in the rent manually or effecting a transfer (minus the price of a new washing machine) and attaching the reference "Contact me asap: 079** etc" to the payment?

                        Obviously he will only see it if he checks his statement, but it might be worth considering.
                        Health Warning


                        I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                        All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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