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Tenant stopped paying rent and vanished

jgh
Posts: 174 Forumite

On the 31st we noticed a removal van outside the house we let out. The next day - rent day - we checked the bank account and no rent had been paid. Looking through the windows the house was empty (other than piles of rubbish). We concluded the tenant had self-terminated the tenancy and scarpered. Ok, then. He was up to date with the rent, doesn't owe us anything.
So, we spent all of yesterday cleaning the house and tidying up. Found a few bits that appeared to have been left behind, so neatly bagged them up.
Today he came around and had a blazing row - you've broken into my house! (No we haven't, we used our keys to let us in) You have no right to enter (you terminated the tenancy, it's now our house again). And very peculiar: While I have the keys I still possess this house! Err... no, while you pay the rent you possess the house, once you cease to pay the rent you cease to possess the house, and we need the keys back, and we would have appreciated some notice.
He's threatening to call the police accusing us of breaking and entering "his" house.
Surely he can't be right, if you cease to pay the rent *and* move out you cease to possess the property. And we didn't "break" and enter, we unlocked and entered, to clean and tidy up an obviously evacuated house.
So, we spent all of yesterday cleaning the house and tidying up. Found a few bits that appeared to have been left behind, so neatly bagged them up.
Today he came around and had a blazing row - you've broken into my house! (No we haven't, we used our keys to let us in) You have no right to enter (you terminated the tenancy, it's now our house again). And very peculiar: While I have the keys I still possess this house! Err... no, while you pay the rent you possess the house, once you cease to pay the rent you cease to possess the house, and we need the keys back, and we would have appreciated some notice.
He's threatening to call the police accusing us of breaking and entering "his" house.
Surely he can't be right, if you cease to pay the rent *and* move out you cease to possess the property. And we didn't "break" and enter, we unlocked and entered, to clean and tidy up an obviously evacuated house.
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On the 31st we noticed a removal van outside the house we let out. The next day - rent day - we checked the bank account and no rent had been paid. Looking through the windows the house was empty (other than piles of rubbish). We concluded the tenant had self-terminated the tenancy and scarpered. Ok, then. He was up to date with the rent, doesn't owe us anything.
So, we spent all of yesterday cleaning the house and tidying up. Found a few bits that appeared to have been left behind, so neatly bagged them up.
Today he came around and had a blazing row - you've broken into my house! (No we haven't, we used our keys to let us in) You have no right to enter (you terminated the tenancy, it's now our house again). And very peculiar: While I have the keys I still possess this house! Err... no, while you pay the rent you possess the house, once you cease to pay the rent you cease to possess the house, and we need the keys back, and we would have appreciated some notice.
He's threatening to call the police accusing us of breaking and entering "his" house.
Surely he can't be right, if you cease to pay the rent *and* move out you cease to possess the property. And we didn't "break" and enter, we unlocked and entered, to clean and tidy up an obviously evacuated house.
Unpaid rent + an assumption from you doesn't equal a terminated contract, a vacated property or allow you to enter without giving notice. Did you even attempt to contact the person to ask what was going on? He could have had a glitch with funds and could have been moving some of his stuff to a second home for all you know.Err... no, while you pay the rent you possess the house, once you cease to pay the rent you cease to possess the house0 -
hmmm you’re 100% in the wrong here.
Not only have you entered illegally, but if you try and keep him out its an illegal eviction and the tenant could get a massive payout (talking £20k+).
Until you get a possession order from the court, and bailiffs to reclaim the property, its HIS house until he says otherwise, even if he stops paying the rent.
he obviously knows all of this and you are playing right into his hands.0 -
Yeah, I think fart is right, to be honest. Non-payment of rent doesn't automatically end a tenancy in itself. If the tenant doesn't pay rent you still have to go through the long process of evicting them (and you're unlikely to get the rent paid either).
It's weird that he's emptied it, though. He must have intended to leave, surely... or is he planning to sub let?!
I doubt the police will actually do anything about it. In the future, you have to give him (or any future tenant) 24 hours notice to enter the property.
What's going to happen now?Grateful to finally be debt free!0 -
What you do is treat the tenancy as continuing.
Serve a Sec 21 and Sec 8 notice now.
Do you have a way of contacting him by telephone?
Does your tenancy agreement have an "abandonment clause"?
It sounds fishy that you saw a removal van outside the house, but didn't stop to ask what is going on.
Unlikely that we are getting the full story.Well life is harsh, hug me don't reject me.0 -
martinsurrey wrote: »hmmm you’re 100% in the wrong here.
Not only have you entered illegally, but if you try and keep him out its an illegal eviction and the tenant could get a massive payout (talking £20k+).
Until you get a passion order from the court, and bailiffs to reclaim the property, its HIS house until he says otherwise, even if he stops paying the rent.
he obviously knows all of this and you are playing right into his hands.
Unfortunately OP you seem to be yet another landlord who's chanced his arm at making some money out of it, whilst having no clue what you're doing. You need to start doing some reading about tenancy/landlord law right this instance, because he could have you by the short and curlies here.0 -
When you say the 31st you mean the 31st July?! A tenancy isn't terminated because rent is one day late - what about bank errors etc..? A tenant's is quite entitled to empty the house while maintaining the tenancy - they might want to deep clean and refurnish, for example.
This might be a good time to get legal advice.0 -
bitsandpieces wrote: »When you say the 31st you mean the 31st July?! A tenancy isn't terminated because rent is one day late - what about bank errors etc..? A tenant's is quite entitled to empty the house while maintaining the tenancy - they might want to deep clean and refurnish, for example.
This might be a good time to get legal advice.0 -
With this track record i dread to think what happened to the deposit0
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Legally, it makes no difference either whether they saw a removals van outside on the 31st of whenever, they still can't enter without permission.
Yes - I meant advice about finding the least messy way to resolve the situation (clearly, it would have been best for the landlord not to have done this in the first place, but there's no going back in time...)0 -
Oh dear OP...you need to start grovelling big time!0
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