Tenant gone AWOL mid-contract, can I change the locks?

Becks045

I have a tenant who has been in a property for 3 months on a AST 6 month contract who has made a claim that the property is damp so wants to move out now.

The property isn't damp he has simply changed his mind and wants to move out. I've written.e-mail and left voicemails asking can I come round to inspect the damp with a builder so we can resolve but the tenant never gets back to me. The reason I suspect he has come up with this story is because I don't think he can afford the rent (rent late each month) and has found a cheaper option.

To cut a long story short, we have been told by a neighbour that he moved all his stuff out today and actually said to her I am moving into a new place today. He doesn't answer my calls.

If we go back to the property tomorrow and all his belongings have gone can we change the locks? He hasn't paid his rent either.

Advice would be greatly appreciated.

lil_me

Legally I don't think you can just change the locks. Someone on landlordzone would probably be able to advise better.

olly300

Becks045 wrote: »

I have a tenant who has been in a property for 3 months on a AST 6 month contract who has made a claim that the property is damp so wants to move out now.

The property isn't damp he has simply changed his mind and wants to move out. I've written.e-mail and left voicemails asking can I come round to inspect the damp with a builder so we can resolve but the tenant never gets back to me. The reason I suspect he has come up with this story is because I don't think he can afford the rent (rent late each month) and has found a cheaper option.

To cut a long story short, we have been told by a neighbour that he moved all his stuff out today and actually said to her I am moving into a new place today. He doesn't answer my calls.

If we go back to the property tomorrow and all his belongings have gone can we change the locks? He hasn't paid his rent either.

Advice would be greatly appreciated.

If you want to be done for illegal eviction go a head and change the locks.

I suggest you first establish for yourself if the tenant is there or not. Call the tenant's phone from a different number and physically go around to the property at different times of the day, putting notes through the letterbox.

You should note if there is an emergency situation when you go around to the property you may have grounds to enter the property and deal with that situation.

GDB2222

If you are absolutely sure the tenant has moved out and given up the lease, you can change the locks. You would be wise to put a sign on the door saying that you have changed the locks and he should contact you if he needs a key.

You really ought to get paid-for legal advice. If nothing else, it shows that you have tried to act carefully in accordance with the law. You clearly do not need a court order if, as a matter of fact, the tenant has given up the lease. Unfortunately, the best way to determine that is to speak to the tenant. At the very least, make a detailed note of your discussion with the neighbour.

Meatballs

You should seek legal advice. The tenant still owes you rent until the AST expires, you will probably need to chase through small claims court.

You definitly shouldn't change the locks as olly300 has said, it would be illegal eviction, and that could hamper your chances of getting your rent AND would mean he has grounds to claim against you.

Keep a record of all the attempts at contact you have had from the tenant and you to resolve the situation.

clutton_2

put a note inside the window saying "anyone needing legal access to this property please phone xxxxxx for access, as the locks were changed for security purposes" - change the locks and then try to contact the tenant by writing, phoning - whatever. if no contact in a few weeks, and if mail continues to arrive and he does not not contact you and no rent is paid, i would assume he has left and let it again. if he could not pay the rent why would he bother coming back to annoy you ?

mlz1413

Do you have a deposit from this tenant?

If so contact scheme today/tomorrow IF tenant has moved out, as they have to send letters to the address they have and give 14 days for a reply which is legal requirement and will back up your claim that tenant has moved away with no forwarding address.

Hopefully if you do have a deposit you can add into the letters/emails to tenant about use of deposit to pay for unpaid rent, re-advertising, etc (have a read of your AST for wording on this).

If the tenant has moved out and told a neighbour he is going to a new place then I think the advise about changing locks and leaving a note on door/in window is best especially if tenant has not returned his keys.

Also for your own benefit you may want to take a builder to the property and ensure there isn't any damp.

oldone_2

You should act on what you actually know, and not what others have told you.At the moment you have a complaint from the tenant that the property is damp.I suggest writing to him giving a date when you will be calling with a builder to resolve the matter; and for him to contact you if not convenient.
When you finally call it will be obvious if he has moved out, and/or had mail re-directed. At this stage still do nothing, but wait until the rent is in arrears and set into motion the eviction proceedings.
As it stands he has an agreement with you to rent the property for six months, and if he chooses not to live in it for the last three months, that is his right providing he does not go into rent arrears, at which point you have legal channels you can follow.

tbs624

I’m assuming that you are a relatively new LL. You need to get qualified legal advice to deal with this in a manner that fully safeguards you from a criminal charge and/or a civil action for damages from the tenant. Please be aware that there are “experienced” tenants who play a game with newbie LLs on this one.

It is irrelevant whether or not he has paid his rent - at the moment a valid tenancy still exists, until you can prove abandonment. The failsafe way is to serve proper notice, citing as many grounds as are appropriate - rent persistently late, arrears of rent (8 weeks/2 months) etc., unless you can adequately demonstrate that the tenant has abandoned the property and even then there are specific procedures to be followed.

Has he returned the keys to you?

Did you take next-of-kin info on your tenancy application form? If so have you asked them?

Do you have his employer’s details - can you try contact him by letter there?

The neighbours comments can be useful to you, if there are other indicators as well.

You may like to talk to the Private Sector Rentals Team at the Council because you do need to have an independent witness with you if you intend to enter the property.

You should only do this if there is very good evidence of abandonment and you have good reason to believe that the property or the neighbouring property may be in danger of fire etc from unattended cookers/fires which may have been left switched on (see Olly300's post above).

You need to be able to clearly show that there was no intent by you as a LL to enter the property illegally nor to deprive the tenant of his right to occupy

Don’t just go in by yourself to change the locks and slap a poorly worded notice in the window - really, don’t do it.

This is just one of those scenarios that LLs have to learn to deal with - join a LL association or subscribe to Tessa Shepperson’s LandlordLaw site ( costs can be set against rental income for tax purposes) . Handle a possible abandonment wrongly and it may cost you far more than those fees or the costs of advice of a good local solicitor with LL & T experience.

Becks045

Thanks all for the advice, very helpful.

I am sending a letter today to my tenant, his solicitor, will also phone and e-mail to inform that I will be attending the property in 4 days time at a specified time with a builder to inspect and look for the reported damp. At least this way I can clarify either way whether there is damp although as I have stated, he has made this up as he thinks he can leave the property with no financial responsibility. I will also beable to obtain clarity on whether the property is completely empty although from what the neighbour said, sh saw furniture and everything been moved. He also spoke to her and said I'm moving into a new place today.

He has not made any attempt to contact me to tell me he has vacated the property, he still has the keys and has not provided any forwarding address. He has also not paid his rent for the month.

I am thinking of serving a Section 21, citing 10 (some rent was due when the notice was served - owes October rent), 11 (the tenant has been persistently late in paying the rent - never paid on time), 12 (any other oblgation in the agreement has been broken - he has left the property mid-contract and failed to inform me, left with the keys and not provided a forwarding address).

Does anyone have experience of using Section 21 with clauses 10, 11 and 12. With these grounds it says that 2 weeks notice is sufficient so I thought rather than this drag on, if he has clearly gone, its in both parties interest to get the property back. The sooner I can get a replacement tenant, the less I will have to charge him for.

N79

Becks

S8 is the fault based notice route. S21 is the non fault based route. Since you are confused on this basic point your attempts at gaining possession are going to fail unless you get help.

I strongly suggest you sign up to a LLs association. This cost is tax deductable and will give you the support you clearly need. If you join the NLA then you get a free legal helpline which will explain the difference between a S8 and S21 notice. The RLA is also good.

If you rely on S8 G10 and 11 then you are not likely to get possession. These are not mandatory grounds and judges generally give Ts the benefit of the doubt, especially where there are (alleged) outstanding maintainance issues. We all get tarred with the Rigsby slum lord syndrome. I would wait until you have two months rent unpaid and then use S8 G8 (with G10 and 11 as back up - forget G12) which should result in mandatory possession after the court appearance. Also serve S21 as back up, using the correct dates given that the tenancy is in a fixed period.

However, I suspect given you posts here and on the LLZone that some of the above will confuse you so I reiterate that you should join an association as suggested by TBS.

Finally it will probably take you about 4 months to get possession of your property back. I hope you budgeted for voids....