Help please -Tenant Left - no forwarding address

ponymad_3

Can someone please confirm where my friedn stands please?

She had a tenant in her property and she paid the rent up to beginning of October. She has since moved out and her relative has told me she is not returning. Her mobile no has changed. Apparently her ex partner has a backdoor key, she still also has a key (she needed one to lock up with on leaving) and left the others. The relative won t give me her mothers address, she lives in a city aboout 100 miles away, she has supposedly gone to live there.

She has taken all her personal effects, however a bed, a washer and kitchen things like cups and cutlery remain.

My friend needs to get the property relet. The relative has asked for the furniture to be picked up by a charity, but my friend is unsure is she is legally allowed to do this?

She has changed the locks as keys are outstanding and there appears to be no way to retrieve these.

The only deposit/bond held is £160 which does not cover the unpaid rent.

Any help or advice appreciated.

googler

Charities won't take beds, in my experience. The ones local to me wouldn't when I was clearing deceased parent's house two years ago. Unless the relative is getting the charity to pick the bed etc up and deliver it to the ex-tenant, which seems very unlikely

Assuming 'washer' means a washing machine, what advice does your friend need? Whether or not to dispose of these, or rent the property with them?

I think you can see what needed to be done with the keys since the locks have been changed. What advice does she need here?

Is she looking for ways to pursue the unpaid rent?

G_M

Eng/Wales? Or Scotland?
AST? Start date/end date or Periodic?
Any Notice given? When/how?

Just because the tenant appears to have moved out and/or the rent is in arrears does not mean the tenancy has ended. Re-letting could = illegal eviction = a criminal offence.

The landlord also has a duty of care towards the belongings left behind. Cannot just dump them.

More useful info here on abandonment.

And read Tessa Shepperson's urban myth here too (she's a property solicitor)

RAS

Which country are you in?

When did the tenancy start?

How long was the tenancy period?

ponymad_3

G_M and RAS
'Just because the tenant appears to have moved out and/or the rent is in arrears does not mean the tenancy has ended. Re-letting could = illegal eviction = a criminal offence.'

Yes this is the lines I was worried about too.. thanks for info will pass on links

1. Tenancy AST and in England.
2. No notice given by tenant really just done a flit... friend not concerned about back rent etc but obviously and especially at this time of year not wanting property to be empty . This was not done through an agent but looking to put through agent this time. She accepted the tenant as she vaguely knew her relatives in street from visiting area as landlord
3.Only been living in property for 12 weeks ie paid 12 weeks rent up to beginning of October
4. re duty of care of property Has removed kitchen stuff and safe in her own garage . Can t do same with the larger items as living 30miles from this porperty and no storage option.

Googler

Yes was looking for advice on if she is actually allowed to get rid of presumed ex tenants stuff. Washer is washing machine . Thanks

[Deleted User]

While legally the tenants possessions should be protected/stored, I would assume that if the tenant tried to get money for the value of the goods, the property owner could claim for damage to the property and lost rent. So in reality she'd be unlikely to be the one worse off. She has no way of serving a possession order without an address for the tenant but am not sure how courts would view that.

In her position I would photograph everything, advertise stuff on freecycle or rent the property with the useable goods still in it. I'd assume its unlikely she'll see the tenant again, although that isn't a certainty.

N79

deannatrois wrote: »

While legally the tenants possessions should be protected/stored, I would assume that if the tenant tried to get money for the value of the goods, the property owner could claim for damage to the property and lost rent. So in reality she'd be unlikely to be the one worse off. She has no way of serving a possession order without an address for the tenant but am not sure how courts would view that.

Possession order can be and should be served on the tenant at the property. Court will assume service provide normal service conditions are adhered to (witness, proof of posting) as an AST is always assumed to be a Ts principle home.

ponymad_3

N79 wrote: »

Possession order can be and should be served on the tenant at the property. Court will assume service provide normal service conditions are adhered to (witness, proof of posting) as an AST is always assumed to be a Ts principle home.

Can you please clarify Possession Order... Does this really need to be served as will be a cost... we are now aware that the tenant has done a flit from another property previously.What exactly is the possession order and as no one is there how could it be served?

Thanks again everyone

N79

ponymad wrote: »

Can you please clarify Possession Order... Does this really need to be served as will be a cost... we are now aware that the tenant has done a flit from another property previously.What exactly is the possession order and as no one is there how could it be served?

Thanks again everyone

A possession order is issued by a court after a successful application by a LL to evict a tenant. It can be enforced by the beneficiary via court bailiffs if required.

Legally, one is necessary to end the tenancy in the absence of the tenancy ending by another means (deed of surrender, surrender by operation of the law, etc).

G_M has provided you with excellent links to educate yourself.