Tennant over a week late moving out

clutton_2

it his problem..... let him deal with it...... why are you nannying him ?

Jowo_2

clutton has a point. my experience of trying to gee up apathetic and head-in-the-sand types is that what you think of as encouragement and support, they see as a personal criticism and it can be counter productive. if he's taking the financial hit and its not a shared thing, let him provide free rent to a tenant who is keeping their LHA....

theartfullodger

Suggestions, 2 off...

a) Offer tenant money to go... several hundred quid, cash, to leave now (no, now now now!!! - ) Do it calmly, politely & with a witness (not OH, someone independent) after a gentle chat, face2face, about ?? is there a problem??? Make sure you comply with deposit return regulations...
b) Having got them out (one way or the other.. but be legal..) after a week or so be very patient, diligent, thorough & calm and find where tenant is & take small-claims action against them .. it's quite straight-forward Why?>??? two reasons...

i) If you don't word will get out you are a soft touch...
ii) There's a chance, just a chance, in the next 6 years tenant gets job & you can get the money back, even a bit, via their wages...

Cheers!

Lodger

PS this is Engerland??

skint-student-nurse

well,my OH spoke to the LA today...and they cant get hold of the tenant to see if shes moved out or not. My OH seems to think that he can just go into the flat if she doesnt answer the door,but surely he will need to give 24 hours notice? Funnily enough, he told me that he does not want me to go down to the flat with him (i want to,just to make sure he doesnt do anything he shouldnt) so ive told him he can deal with it himself.

if the flat is empty,because she hasnt handed the keys back,does she still legally have possession?

thanks again for all your replys and advice

Jowo_2

Here's the advice on abandonment

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

Your OH is frankly now sounding like more of a pillock than ever. No, he can't enter the property without giving notice and receiving permission from the tenant - suppose she is asleep? or in hospital? or on holiday?

However, the abandonment advice does slyly give some advice how to get around this and minimise the risk of appearing to harass the tenant - "If the above points indicate abandonment and the property has been left in an insecure state, or you suspect internal appliances could present a danger to the property and/or neighbours, then, and only then, may you have a case for entering the premises and possibly fitting a secure lock".

The risk is, though, that if your tenant is a 'pro', knowing that they have the right to return to reside there, then they will set a trap that can end up with the landlord paying them compensation.

skint-student-nurse

update: today i spoke to the letting agent and ive been told that because her tenancy is up and ten days has passed since the date she gave to quit the property,we can go ahead and let ourselves in and change the locks....but im still not sure if i agree with this!

theartfullodger

update: today i spoke to the letting agent and ive been told that because her tenancy is up and ten days has passed since the date she gave to quit the property,we can go ahead and let ourselves in and change the locks...

That just tells us all the agent does know what the law is or, maybe more worryingly, is happy to lie to you...

Jowo's link to LLZ gives the rreal, true position...

Careful! Until a tenancy is ended (by court or e.g. mutual agreement) it is still in place and tenant can return & demand their home back, or involve the police & courts if you change locks if they are still in occupation...

Cheers!

Lodger

skint-student-nurse

yes, i totally agree! ive had a brief look at that link, and came across a very similar situation in the forum and informed my OH that we can not do as suggested by the LA and i have told him that he shouldnt go to the flat after work to see if she is there. I have looked in the tenancy agreement and there is no clause for the situation we are in,ie,abandonment,over staying,etc.

so,do i need to get the agent to serve a s21 as technically the tenancy is over so a s8 wouldnt be valid?

flaura

can't you send her a letter giving her 24 hours notice in writing that you will be inspecting/visiting (send a letter recorded) saying that you will visit the property on XX day at xx pm and if she doesn't contact you on your telephone number you will assume that this date and time is agreeable?

see what happens if shes abondoned she won't respond.

not sure what to suggest if she does respond, but at least you'll know she is still there and surely then you can serve a section21 and get the ball rolling.

RabbitMad

if she gave notice and has stayed on you can charge her double rent as mense profit from a nice old law that still on the statute books. If you suggest this to her then it might focus her mind - however if she already owes £2K I doubt it would bother her very much.

I would ask over at landlord zone for their advice. it might be that you can go straight to court to evict her and don't need to issue a section 21 or section 8 if she has provided written notice.

If you do need to issue notice first issue a section 8 notice and a section 21 notice at the same time that way if she pays down the rent arrears you can always fall back on the section 21.

Have you (or LA) protected her deposit?