Tenant disappeared, what can i do?

paddedjohn

Yorkie1 wrote: »

I'd suggest that you don't actually enter the property to take photos. You don't have a right to enter without the T's permission unless it's an emergency, and at the point of entry I don't think you have sufficient concrete evidence to justify the claim of surrender.

isnt the fact that she has changed her claim for housing benefit from this property to another proof enough? it would be in my book.

Benji

paddedjohn wrote: »

isnt the fact that she has changed her claim for housing benefit from this property to another proof enough? it would be in my book.

No, she is entitled to have tenancies on 2 properties.

paddedjohn

Benji wrote: »

No, she is entitled to have tenancies on 2 properties.

she is entitled to have tenancies in a dozen if she wants but the fact of the matter is that as a claimant she can only claim for one and as she is claiming elsewhere then she cant pay the rent here aswell

Benji

paddedjohn wrote: »

she is entitled to have tenancies in a dozen if she wants but the fact of the matter is that as a claimant she can only claim for one and as she is claiming elsewhere then she cant pay the rent here aswell

I agree that she can only claim for one, and indeed only one can have an AST, but she still could have a tenancy.

Her ability to receive benefits of any kind has no effect whatsoever on her legal tenancy rights. Where she gets the money to pay for her rent is irrelevant. Simply not paying the rent does not mean her tenancy agreement can be ripped up. The only safe way to end the tenancy is with a court order.

princeofpounds

I'd suggest that you don't actually enter the property to take photos. You don't have a right to enter without the T's permission unless it's an emergency, and at the point of entry I don't think you have sufficient concrete evidence to justify the claim of surrender.

Entry is not really a problem. LLs are supposed to give 24hrs written notice, but they do not actually need affirmative permission - just the lack of denial, particularly if they have a standing permission clause in the contract (which is not enforceable if the tenancy withdraws permission subsequently, but can stand if they do not).

Even if a LL enters without permission there is no penalty unless the tenant suffers loss or damage in some way, or the conduct amount to harrassment. Taking photos of a tenant's possessions could be interpreted as harrassment, but taking photos of an empty property I find it impossible to interpret in such a manner.

pinkshoes

Could you not issue her 2 months notice today (but 2 months from next rent day...), then get the council to pay the housing benefit to you until the tenancy is finished?

sonastin

pinkshoes wrote: »

Could you not issue her 2 months notice today (but 2 months from next rent day...), then get the council to pay the housing benefit to you until the tenancy is finished?

the council won't pay two lots of housing benefit - they are already paying for her new property and have no obligation to the OP to cover any debts that he is owed by the T.

butdoineedit?

Thanks everyone for your responses.

I have been to the property today, & did not need to use my keys to enter as the door had been kicked in so badly that there was no glass in it or bottom panels & all the locks have been removed, so the door has actually not been locked for god only knows how long!!!!

There are no belongings in the property (apart from piles of half burnt junk in the garden) & i was able to photograph this with a date stamp along with a huge pile of post lying in the hallway under the letterbox, showing (i believe) that no one has been in for some time. Unfortunately she hadn't done the decent thing & actually posted the keys back through

I spoke with the next door neighbour who stated that she saw them leave at the beginning of August, loading up a van with all their furniture.

I also had to have the police into the property to check the loft with me, as there was the remains of what is believed to have been a cannabis farm there :eek:

Based on all this evidence i believe that this represents implied surrender & i have taken back the property, boarded up the front whilst a new door & frame is ordered & changed the locks on the back door. Obviously i couldn't leave this while i waited to gain a possession order as the risk to the property with no front door was just too huge.

The council have agreed to send me written evidence of the claim being ended, which i am aware would not necessarily be enough evidence alone, but i also have the photos & the next door neighbour is prepared to make a statement to say that she saw them moving out if needed, so based on the information from landlordlaw that i quoted in an earlier post i believe that i have taken the only course of action that i can.

Oh & as for the council tax, i decided not to argue the exact dates from which i became liable as the council have agreed to give me an exemption for an empty unfurnished property meaning no council tax is payable, which has been a little ray of sunshine in an otherwise very dark day!

Thanks everyone for all the helpful comments!

dotchas

Sorry to read this, the bad side of tenants........cannabis farm!!!! :eek::eek::eek:

Jeffrey_Shaw

pinkshoes wrote: »

Could you not issue her 2 months notice today (but 2 months from next rent day...), then get the council to pay the housing benefit to you until the tenancy is finished?

If by 'Notice' you mean a Notice under the Housing Act 1988, that cannot apply UNLESS the letting is an AST or an SAT.
No-one can as T hold more than one of them!