Tenants done a bunk and left house full of furniture, what to do?

clairibel

Hi, my mum rented a house out to a family for 12 months and did have problems with through that duration with rent arrears but managed to sort it out everytime but the last time i told her to give them notice, too much hassle.

So she gave them 2 months in writing and also gave them notice that on the 21st Nov she would be coming into the property to clean it up as there was issues with cleanliness, garden an eyesore.

Anyway she came back from hols and tried to contact tenants after no rent being paid but no contact by phone or at the house, so she went in to find the house in bad shape but full of furniture, toys, clothes and white goods.

The only missing items were the tv's, games consoles, hifi etc. They've left the beds, in fact its unbelieveable what they've left and my mum does not know where they are. A neighbour said he has seen them for 2 weeks.

The gas has been cut off and mum has found bailiff letters. She did check the property several times during the rental period and downstairs was tidy when she went but the garden was full of furniture, toys and my mum had told the tenants to sort it out.

She has got the deposit which will cover the rent but shes had to shell out for a guy to come and clear gardens. But my question is what the hell do we do with all the stuff

She needs to get it rented again asap as thats her income but are we allowed to just tip it and charity shop it as loads of stuff is too good throw, wedding dresses, guitars, toys, fridge, washer, beds, dryer..the list goes on.

Its quite upsetting really as those kiddies have left all their toys, dvds.

Any help appreciated as tommorrow we need to get going really if we can.

Fortheloveofmoney

Is she sure they have left? Could they have gone on holiday? Maybe they have pawned their electrical good??

Werdnal

Despite the fact that you think the tenants have left, you do not know for sure. Two weeks - perhaps they are on holiday, having sold the missing hifi etc to raise the cash. DO NOT feel tempted to enter and clean up/re-let the property as tenants can come back and sue your mother for illegal eviction - heavy fine, criminal record and possible prison sentence.

I know its annoying that the law seems to be on the side of the tenants in these cases, but there are specific rules to follow to reclaim an apparently abandoned property, and how to handle/store tenant's possessions. I have never had to do this yet in 11 years of letting, so cannot advise you on the correct route, but I can only repeat that tenants like this know the rules and what they can get away with - don't let them come back and throw the full weight of the law at your mother for apparently illegally evicting them. Remember they still have a valid tenancy agreement as they have not surrendered it officially and your notice cannot end it without a court order!

Sadly there can be no "getting going tomorrow" - to do this legally and correctly will take time!

clairibel

Werdnal wrote: »

Despite the fact that you think the tenants have left, you do not know for sure. Two weeks - perhaps they are on holiday, having sold the missing hifi etc to raise the cash. DO NOT feel tempted to enter and clean up/re-let the property as tenants can come back and sue your mother for illegal eviction - heavy fine, criminal record and possible prison sentence.

I know its annoying that the law seems to be on the side of the tenants in these cases, but there are specific rules to follow to reclaim an apparently abandoned property, and how to handle/store tenant's possessions. I have never had to do this yet in 11 years of letting, so cannot advise you on the correct route, but I can only repeat that tenants like this know the rules and what they can get away with - don't let them come back and throw the full weight of the law at your mother for apparently illegally evicting them. Remember they still have a valid tenancy agreement as they have not surrendered it officially and your notice cannot end it without a court order!

Sadly there can be no "getting going tomorrow" - to do this legally and correctly will take time!

Thanks for that, i had my doubts thats why i asked. The eviction notice that she gave them is up the week before christmas, do we wait till then? They have also made a lot of cosmetic changes that they never asked to do which require a lot of work to put right.

My mum has always had decent tenants until these and its been very stressful. Just not sure what to do to be honest.

Werdnal

NO - you did not give them an eviction notice - only the courts can issue these. Your mother gave them notice that she was seeking possession, and once that expires, she would have to go to the courts for a possession order to evict them. As I said, the notice does not end the tenancy, tenants have not issued your mother notice that they would be leaving, or (I assume) returned the keys, so the tenancy still exists and they have a right to return at any time and carry on living there until the courts award your mother possession!

Please do not even enter the property or remove any possessions. As I said, I am not conversant with the abandonment rules and procedures, but someone will no doubt be along to advise you on these in due course. In the meantime, do a search here as I am sure there are other similar posts recently which might help.

G_M

The tenancy has not ended.

The fact that there are rent arrears does not end the tenancy. (they might pay next week).
The fact that the tenants have not been seen for 2 weeks does not end the tenancy. (they might be on holiday, in hospital, in prison, wherever)

The fact that they have left possessions indiactes they ARE still in occupation and the tenancy continues.
The fact that the landlord has no court order for possesion means the tenancy continues.
The fact that the tenants have not written/or spoken to say they wish the tenancy to end indicates the tenancy continues.
The fact that they have not returned the keys indicates the tenancy continues.

So:
Entering the property without the tenant's permission is dangerous. Harasment. Potentially illegal.
Re-letting the property would be VERY dangerous.
Removing the tenant's personal possessions would be VERY dangerous.

Even though we all know the tenants have gone and will never be seen again. Probobly.

Read this here on abandonment.

And here on the bogus abandonments scam.

clairibel

Ok i've spoke to my mum and told her this stuff and she said the tenants did give her verbal notice that they intended to leave in 8 weeks which takes it up to christmas and my mum put it in writing to them. They have left the tenancy agreement at the house but taken the letter my mum made confirming their departure.

But no contact has been able to be made since as my mum went away for 2 weeks after that and then came back and no contact can be made.

So what should she do now, who to contact etc. thanks for the help.

maginot

You need to wait until the tenancy is up and then need to get a court order to get the property back.
You can seek eviction earlier if they have not paid rent for 2 months by issuing an s8, but again you have to go to court.

You can take them to court for costs of cleaning up and rent, do you have a guarantor with the property?

It seems unfair, but the property is not yours when you rent out, they have a lease!

G_M

Use an 'Abandonment Notice'. See here.

clairibel

Wow so glad i posted, i presume this will take ages through the court or is it not too bad.

Not sure about the guarantor bit. I'm going to send her this thread, thanks everyone for helping.

clairibel

Sorry posted before the abandonment notice post, thanks will get on to asap.