Any way of telling if my tenant has left?

littletinygem

Long story short, we've a tenant who is three months in arrears with her rent. The letting agent arranged for a section 8 notice to be given, with the date to quit being given as 31st August (Friday).

I called the letting agent this morning to ask if the tenant has left yet (am in my heart of hearts expecting this to go to court, but thought I would ask just in case) and was told that rather than checking this out, the letting agents were planning on just letting it go to court- Their reason being because we're part way through a claim, having paid for 'rent guarantee' insurance and if we were to find out that she had indeed left on the 31st August, we wouldn't get our full term's rent via the insurance scheme (the contract was originally due to finish on 10th September).

DH and I really want to know if she's left as we want to get in, clean up, and get the property ready to go on the market (after having our fingers throughly burned in our first ever letting experience, we don't want to go through it again!) and don't want to get a couple of months down the line of waiting for court dates, only to find out that the tenant left on the required date and we've been kicking our heels

Having become more cynical and suspicious throughout the last 6 months of landlording, I think that if I just asked the letting agent to go and find out if she's moved out, they wouldn't do it, so I wonder if anyone could advise if there is an above board way that we can find out if our tenant has indeed left? (currently thinking of peering through the kitchen window to see if we can see any of her things, but I don't think that'll be the most reliable indicator!)

Any advice would be gratefully recieved!

G_M

Do not go in.

If the tenant is still there, or even if absent but returns claiming they never formally vacated/ended the tenancy, you could be charged with either harassment and/or illegal eviction.

This will do your court claim for possession no good! And could in itself result in a fine/imprisonment. Especially given that legalproceedings are already under way.

At present, you have the moral (and legal) High Ground. Don't reverse that!

Of course, if the keys are returned and a formal handing back of the tenancy takes place, that is different.

More here.

And here.

littletinygem

Thanks GM- That page on bogus abandonment is a bit of a shocker- can't believe people are that underhand!

We weren't thinking of going in to be honest, but just feeling at a bit of a loss seeing as it could take some time to get to court- I'm imagining that x amount of weeks down the line the tenant will say she left as requested on 31st August but just didn't return the keys- Is the formal handing back of the keys the only way to end the contract?

jjlandlord

To be honest, if you go round, and go in to inspect if you see the property is vacant there won't be any issue.

There might be a problem if you then consider that they left and take possession back.
This would most likely not be a criminal offense but you would be open to a civil claim.
So it may be wise indeed to wait until you get a possession order.

Werdnal

You cannot go in, you cannot clean, you cannot relet. Until the tenancy is ended formally, either by court order, tenant surrendering in writing or giving you back the keys, the property is not yours, as there is still a valid tenancy in place.

Don't short circuit the issue for the sake of a few days/weeks - let the process run and you will be certain you are acting legally with no come back from the tenant. Sit tight, be patient!

If you can track the tenant down and get them to sign a deed of surrender with a witness, refuting all future claims on the property, then this would end the tenancy. However, by the time you find them and pin them down to signing anything, your court application would be in progress anyway, so might not gain much.

littletinygem

Thanks both

Good to know about the deed of surrender, but as she doesn't answer her phone or letters, if she has left, I don't think she'll be the easiest person to track down, unfortunately for us- I know waiting out the final few months is the most sensible course of action, but oh my goodness, it's so frustrating!!

Werdnal

With respect this is all part of the letting game. On a good day, with 100% solid gold well paying tenants, its great. Then, as you have discovered, there is the other side. !!!!!! happens, and without meaning anything personal, you chose to let your property, and it goes with the territory I'm afraid, but thankfully, bad tenants are not as common as some of the posts here seem to suggest. In 12 years of letting, I have only had one, so put it in perspective, wait out the eviction process and move on, safe in the knowledge that you have done everything by the book, and your tenant will not have the satisfaction of getting anything in return!

mchale

littletinygem wrote: »

Any advice would be gratefully recieved!

Did you not think that you could smell gas when you went to the property!!!!!!!!!!!

mchale

littletinygem wrote: »

Thanks both

Good to know about the deed of surrender, but as she doesn't answer her phone or letters, if she has left, I don't think she'll be the easiest person to track down, unfortunately for us- I know waiting out the final few months is the most sensible course of action, but oh my goodness, it's so frustrating!!

Did you or LA not take copies of passport/driving lic & NI number??

Poppie68

Maybe it's worth having a word with the neighbours, they might of seen your tenants moving furniture etc..

Owain_Moneysaver

If there are outside electricity and gas meters, you could take meter readings at intervals and see if any energy is being used.

Unless the tenants have skedaddled leaving the gas on ...