Tenant moved out but not emptied house.

hermum

My daughters tenant has moved out of her house, leaving no forwarding address. She won't return any calls or emails from us. We only knew that she'd gone when the key was put through my door. I went to the house yesterday & it looks as though all she took was furniture. There is clothing, food, toys and allsorts of !!!!. The fact that she obviously hasn't cleaned a thing in the 2 years that she's lived there is neither here nor there, (I keep telling myself, maybe tomorrow I'll believe it). I'll obviously be changing the locks, the back door had been left open, again nit the point really. Do I have to store the stuff that's left or can I assume that she won't be returning & dispose of it?

amcluesent

>We only knew that she'd gone when the key was put through my door...I'll obviously be changing the locks...<

You need to tread carefully here and be sure that you can defend that the tenant has indeed abandoned the property. The key returned and property insecure help - were there independent witnesses? You could be in bother if she returns and claims you've locked her out - 'professional' tenant are as sly as polecat (smell like 'em too)

>Do I have to store the stuff that's left...<

You need to show you've made sustained efforts to contact her with a request to remove items in a reasonable time (i.e. 30 days).

G_M

You need to be careful
1) Has the tenancy ended? Is there rent due? outstanding? Paid up to date? Is there a written agreement to terminate the tenancy? Has a fixed term just expired? If tenant returns you could have a problem. If you change the locks you could be denying a genuine tenant rightful access (even if there are rent arrears!)
2) Duty of care towards possession. You cannot just dispose. You must a) try to contact tenant b) give tenant time c) keep them safe. You CAN however, charge tenant for storing them (but not make a profit by charging more than you pay!), and if tenant never returns or pays storage you can sell them eventually and offset the storage charge - additional money from sale still belongs to tenant.

READ THIS.

pinkshoes

Was there any note with the key? Can you not try and track down a relative and send a letter? (use facebook, 192.com or similar). Anything in the property that indicates a relative address or phone number?

Was the tenancy out of the fixed period?

Jowo_2

http://www.landlordzone.co.uk/legal/abandonment.htm

http://www.landlordzone.co.uk/uncollected_goods.htm

alunharford

hermum wrote: »

She won't return any calls or emails from us. We only knew that she'd gone when the key was put through my door. I went to the house yesterday

You may have just technically committed an offence under the protection from eviction act. If she later says she was just going away for a month or so and left you the key in case of emergency, you could in theory be looking at 6 month prison sentence and a criminal record (in reality, you'd probably get a slap on the wrist and a criminal record, but even so...)
You need to get legal help.

hermum wrote: »

I'll obviously be changing the locks

This could be unlawful eviction. Again, 6 month maximum sentence (and likely to be treated much more seriously by the court).

You're in serious need of legal help.

Milliewilly

alunharford wrote: »

You may have just technically committed an offence under the protection from eviction act. If she later says she was just going away for a month or so and left you the key in case of emergency, you could in theory be looking at 6 month prison sentence and a criminal record (in reality, you'd probably get a slap on the wrist and a criminal record, but even so...)
You need to get legal help.



This could be unlawful eviction. Again, 6 month maximum sentence (and likely to be treated much more seriously by the court).

You're in serious need of legal help.

That is a very unlikely outcome legally, I am sure a Judge would consider - why wouldn't the tenant have communicated they were only going away for a month and why would they take their furniture and post a key back if they hadn't done a flit?

Jowo_2

I think the handing back of the key by the tenant is one significant factor to demonstrate the tenant has given back possession of the property back to the landlord but the landlord should still seek expert advice on how to handle the situation.

hermum

Thanks all for your advice. She had been given 2 months notice to quit on a section 21. This expired on the 31/03/10. She has been a total pain during the tenancy, rent was generally paid during the month it was owed rarely on time, except for November when it was finally paid in January. Her furniture has gone but there's a lot of rubbish. Clothes, toys, food in the cupboards, broken glass etc. She had contacted my daughter 2 weeks ago to say that she would be moving out yesterday, since then neither of us have been able to contact her. We've phoned, emailed & sent texts. She's come off or changed her name on facebook as we were both on her friends list. I know where she works, but am concerned that me contacting her there could be deemed to be harrassment. As she was a friend in desperate need of emergency housing there was no deposit paid, I guess that's why she hasn't bothered with the courtesy of telling us that she was definitely going. I always thought it was keep your friends close, your enemies closer.
I'll bag everything up & stick it in the roof as the house is going on the market. It's probably going to cost a couple of months rent to sort the place out. It's a shame as it's a nice 3 bed house & lot of people would love a place like that for their family, instead it will now be sold.

G_M

OOHHHH! I just hate it when posters give us half the story, wait for advice and then finish the story!

She had been given 2 months notice to quit on a section 21. This expired on the 31/03/10.........She had contacted my daughter 2 weeks ago to say that she would be moving out yesterday,

AAgh!

Sounds like a really nice tenant! Paid rent up to date (what's a few days late? Insignificant). Gets served notice and leaves on time! What's not to like?

hermum

G_M wrote: »

You need to be careful
1) Has the tenancy ended? Is there rent due? outstanding? Paid up to date? Is there a written agreement to terminate the tenancy? Has a fixed term just expired? If tenant returns you could have a problem. If you change the locks you could be denying a genuine tenant rightful access (even if there are rent arrears!)
2) Duty of care towards possession. You cannot just dispose. You must a) try to contact tenant b) give tenant time c) keep them safe. You CAN however, charge tenant for storing them (but not make a profit by charging more than you pay!), and if tenant never returns or pays storage you can sell them eventually and offset the storage charge - additional money from sale still belongs to tenant.

READ THIS.

As she put the key through my letter box in an envelope with her christian name on it, that I shall keep, hopefully that proves intent on her part to leave the property. We were expecting to have to get a court order & bailiffs warrant. She's unable to get social housing having had a tenancy that she left with rent arrears. I'll still keep the stuff that I can in the loft until such time as the property sells.