UK Property Law
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The tenancy is now a staturoty periodic tenancy, which means that the tenancy continues on the same terms but from one rent period to the next (so month to month if you pay your rent monthly).
You are not under an obligation to leave the property until you have received a s21 notice from the agent/landlord giving you two months notice to vacate. The notice period must expire on the final day of a rent period otherwise it is invalid and the landlord would not get an order for possession from Court which they would need to effect eviction legally.
Write to them anyway and send by registered post stating that you require details of to whom to pay your rent and that you are aware of your continuing rental obligations and wish to fulfill these.
Download a copy of the land registry registered title from the following site for a fee of £4:-
It should contain an address for service for the owner of the property, this will be be your landlord and you should write to him (registered post) stating the above and detail of the situation and request that he contact you urgently to arrange an alternative method of meeting your rental obligations.
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Do the papers you have downloaded refer to the freehold title?
The flat will be registered as a leasehold title.
That's the freehold title. If you rent a flat in a block then the flat will be listed under the schedule of leases and refer to the separate leasehold title to the flat. That is the title register you require.
Yes, they can list whatever address they want.
In that case write to the agents as above. In all probability the landlord will come to know of the apparent closure of the agent when he does not get his rent and contact you directly to make alternative arrangements.
You could, I suppose write to the lender submitting the copy of the register and ask that they write to the landlord and ask them to contact you. The danger is if he has been naughty and taken a residential mortgage and let the propriety where he should have taken a buy to let mortgage. This will cause him difficulty in that he will probably have to pay some fees to convert, or in the worst case scenario the lender may take repossession action. It's a risk
It's a difficult situation but one would hope the landlord would be understanding in that it has effectively frustrated you from performing your contractual obgliation.
The entry in the charges register listing Santander as "Proprietor" simply means that they are the holder of the charge over the title. It does not mean they are the proprietor of the actual title. As long as your landlord is listed in the Proprietorship register (preceding the Charges register) as proprietor this means he owns the leasehold title to the flat and is therefore your bona fide landlord.
Thanks for your accept. Kind regards,
Hi again James,
When the does rent period run from? from the 1st of the month to the end of the month, or some other date?
What day do you pay your rent?
If you pay on the 15th of the month then the last day of the one month notice period would be on the 14th. The earliest you could therefore have the notice period run from would be from 15th Jan - 14th Feb. Allow three-four working days for post and send registered.
Refer to the original tenancy agreement, the property, that it is a statutory periodic tenancy and that it is to be take as your notice to vacate. state the notice period and your failed attempts to establish a private address for the landlord and the apparent closure of the the agents.
This should be fine.
Thank you very much. Merry Christmas.
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