We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Tenant stopped paying rent and vanished
Comments
-
There is such a thing as tenant abandonment which you should look up, but legally it's a it iffy and you have to have made all attempts to get in touch with the tenant before you can assume they have abandoned the property.
As things stand, the tenant has turned up and they have every right to keep possession until you get a court possession order.0 -
So the tenant was there on the 31st ... and without even trying to contact the tenant, the very next day you decided he'd abandoned the place and started bagging his stuff up...
:kisses: best try to get on the tenants good side as he seems to know his rights ...0 -
OP - it seems clear you are out of your depth here and have little/no knowledge of the law. You need to seek legal advice asap before YOU get into real trouble with the law. It sounds like your tenant and yourself have also fallen out and would suggest you serve a S8 & S21 (eviction) notice as soon as possible. Make sure you get proper advice in serving the S21 - it is easy to get wrong and would mean having start all over again (another 2 months wait).
YOU do not have a legal right to enter this property unless invited to do so or by appointment (EG inspection). You have broken the law by entering and could also be charged with theft if you removed anything from the property. Non payment of rent does not change this fact. There are specific channels you need to go down relating to non-payment and eviction. It sounds like your tenant knows more about the law than you do and I would advise avoiding confrontation or even contact with him/her until youo have received legal advice (unless you are genuinly on good terms with eachother and you can clear this up as a mis-understanding etc).
One other question - when did the tenancy start and what have you done with the deposit? If the tenancy started after 2008 you should have the deposit lodged in a govt approved deposit scheme - if not you are in even deeper water.0 -
Most of us would have done exactly the same as you.
It may or may not be something that would "hold" in law, but did you take a photograph of said removal van in front of your house as proof that the tenants were indeed moving out?
Wondering what the circumstances were that you came to notice the removal van there?...would really have been best to allow a couple of days for a "bank being late" scenario in the event....
The scenario you describe does indeed sound like the tenant has indeed moved out and I hope, for your sake, that he hasn't set you up first to spot the van and realise he's moving and then to get in an attempt to (ab)use the law against you. He may very well have intended to go/intended you to spot it and is now angling for a pay-off to do what he actually intended to do anyway (ie move out).
The word "blackmail" is springing to mind...and I wonder if that is what he is out to do. An "I intend to go anyway" scenario and wondering "Now how can I get a payout I'm not due for? (that should cover the cost of the removal van". I know....a quick set-up of landlord/bit of blackmail about "legal rights" and job's a good 'un.
That's my cynical suspicion...0 -
moneyistooshorttomention wrote: »Most of us would have done exactly the same as you.
It may or may not be something that would "hold" in law, but did you take a photograph of said removal van in front of your house as proof that the tenants were indeed moving out?
Why is a removal van proof that someone is moving out? I could hire a removal van to empty my entire property of furniture tomorrow, but that doesn't mean I've moved out.0 -
moneyistooshorttomention wrote: »Most of us would have done exactly the same as you.
It may or may not be something that would "hold" in law,.
No I don't think "we" would.
The law is very clear-the OP is in very deep water ...... especially if the deposit wasn't held correctly.I Would Rather Climb A Mountain Than Crawl Into A Hole
MSE Florida wedding .....no problem0 -
It would only constitute partial proof of the tenants intentions. The non-payment of rent timeously would be another proof (though it would have been best in the event to give the bank a couple of days for "lateness of processing payment" just in case, but hindsight is a wonderful thing....).
Comments made to neighbours by the tenant to effect of "I'm off Saturday" might be another proof. It's not possible to know just how many possible "proofs" OP has of tenants intentions. I would have waited for more "proofs" and been wary of a possible set-up in OP's position....but there ya' go.0 -
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.
What amazes me is how c0ck-sure you thought you were with your arguement with him - without knowing the facts.
Lesson no.1. - Before you take the law into your own hands, do some homework first - then at the very least you know where you stand in the eyes of the law.
You've walked straight into this one - All high and mighty about the rights and wrongs - and it looks like hes gonna hand your ar5e back on a plate -0 -
Op you are really are in the brown stuff.
If you had been my landlord when I rented I would have sued the pants of you in the county court
It is his not yours.Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T0 -
kirkbyinfurnesslad wrote: »Op you are really are in the brown stuff.
If you had been my landlord when I rented I would have sued the pants of you in the county court
It is his not yours.
^^^ This with bells on -0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352K Banking & Borrowing
- 253.5K Reduce Debt & Boost Income
- 454.2K Spending & Discounts
- 245K Work, Benefits & Business
- 600.6K Mortgages, Homes & Bills
- 177.4K Life & Family
- 258.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards