tenant possibly disappeared?

Euphoria1z

Hi

If a tenant was due to pay their rent on 28th of dec and havent paid it yet, and theres no answer on their mobile, and they havent been at the property since the 28th, how long would you wait before gaining access to the property?

Its possible they may still be on holidays, its been a week since weve been trying to get in touch. We have written a letter also but we know the property hasnt been accessed since the 28th. also left numerous voicemails.

Is 2 weeks a suitable length of time before entering the property to see if there things are still there incase theyve left with their belongings? Or would you wait till when there rent is next due (meaning there now a full month in arrears?)

Theres no spare key to the property so when the time comes we will be gaining access via a locksmith and then changing the locks.

Whats the suitable timescale here?

(Couple moved in 2 month ago, paid deposit and first month rent cash, didnt set up a standing order as agreed, 2nd month rent was paid a day late by bank transfer after i advised them there late. current month, no contact.)

Thanks

seabright

Can you look through the windows and/or letterbox? Maybe ask a neighbour if they saw them move out?

I would tread carefully at this early stage and carry out a few low-level and unintrusive enquries first.

terryw

The bad news is that the tenants still have a contract. You need a court order to enter the property without their permission unless there is an emergency.

In the first instance, can you not contact them by employer or references, to establish the exact position?

Euphoria1z

when should i apply for a court order to enter the property? need to decide how long to wait before i get the ball rolling. I could just be imagining the worse and they could be on holiday. The contact number for her employer also just rings out with no Voicemail.

Thanks

tbs624

You should not go looking through windows /letterbox, but asking the neighbours is a good idea. Put a letter through the door, enclosing a rent statement and asking the T to contact you as a matter of urgency.

Be aware that going via a T's employer to pursue a debt may mean that you fall foul of the Admin of Justice Act, s40, although if you have a direct work number for a T it should be fine to call asking that he agrees to a mutually convenient time to discuss the tenancy.

Did you properly vet this T and have you taken a tenancy deposit? Have you scheme registered it? (Eng/ Wales)

The T may of course have lost their job recently and, unfortunately, some Ts do go for the ostrich approach rather than ringing their LL and explaining why they may be able to meet their rent commitment on time. T may be in hospital, away dealing with a sick relative....

You cannot simply enter the property - despite the rent being late, the tenancy still exists until brought to an end by agreement or by court order. If you are a newbie LL you should be aware that some experienced Ts know how to rung rings around new LLs and you can end up on a charge of unlawful eviction/tenant harassment if you handle the matter wrongly.

Read up on "implied surrender" and potential abandonment of a property here and here

princeofpounds

You need a court order to enter the property without their permission unless there is an emergency.

Most tenancy contracts have a clause stating that the landlord can enter with 24hrs notice. Whilst we all know this is not enforceable if the tenant withdraws permission, it can act as a kind of standing permission until actively withdrawn as long as that 24hrs notice is supplied. So there is nothing wrong with an inspection if only to ensure that no pipes have burst in the cold weather etc. Of course there is an ulterior motive here, which makes me feel uncomfortable giving the suggestion, but oh well.

Mind you, the landlord would be on sticky ground if they then changed the locks, as that could be interpreted as an attempt at eviction, so in this instance it's not likely to be much help.

Euphoria, your best bet is to read up on the links tbs has supplied and go for a section 8 once the tenant is sufficiently overdue with their rent. They might be still away on holiday. They might be in hospital for all you know. Unless you track them down and agree a surrender or get impeccable evidence of abandonment you aren't going to get possession without a court order anyway, so you might as well do things by the book.

Euphoria1z

once a section 8 has been served, and i have no response from the tenant, do i then go for the court possesion or can i enter the property after section 8 has expired.? all i really want to find out at this stage is whether the property is empty incase they have left.

terryw

Euphoria1z wrote: »

once a section 8 has been served, and i have no response from the tenant, do i then go for the court possesion or can i enter the property after section 8 has expired.? all i really want to find out at this stage is whether the property is empty incase they have left.

You need a court order.

Euphoria1z

thanks all