Tenants leaving without notice

diamond_dave

I have just found out that my tenants are leaving the rented flat today without giving me any notice. The tenancy agreement was signed on the 14th of the month and they have to give me 1 months notice from that date. As they are still legally the tenants, what exactly are my options? They have left the place in a right mess anyway and everything will have to be renewed, carpets, flooring, decoration, kitchen, outside rubbish,etc. and the deposit is secured with the DPS. Technically, I guess that I can enter the property as soon as they leave citing the fact that they have abandoned the property. I think I know the new address.Any advice,please.

19lottie82

diamond_dave wrote: »

Technically, I guess that I can enter the property as soon as they leave citing the fact that they have abandoned the property.

Do you have it in writing from them that they have surrendered the property?

If not then "No", you can't enter the property as soon as they leave?

Guest101

Yes do not enter the property, they could argue that they have not abandoned and you have illegally evicted them, a serious offence.

Instead serve notice yourself and seek possession through the courts. Then take them to court for the rent outstanding.

LE3

you can give 24 hrs notice that you would like to enter the property for an inspection/gas safety check etc, but you cannot just enter. Maybe they aren't moving out, but going to stay with friends/family for an extended Christmas break.
Until they give you notice or are 2 months behind with the rent you can't do anything, they are still the tenants & it's still their home ....

RAS

England, Wales, Scotland?

Fixed term or periodic? If fixed when does the term end?

Voyager2002

diamond_dave wrote: »

I have just found out that my tenants are leaving the rented flat today without giving me any notice. The tenancy agreement was signed on the 14th of the month and they have to give me 1 months notice from that date. As they are still legally the tenants, what exactly are my options? They have left the place in a right mess anyway and everything will have to be renewed, carpets, flooring, decoration, kitchen, outside rubbish,etc. and the deposit is secured with the DPS. Technically, I guess that I can enter the property as soon as they leave citing the fact that they have abandoned the property. I think I know the new address.Any advice,please.

Contact them in a polite manner and ask them to confirm their intentions, if possible in writing.

benjus

I've just been in this situation - it's a real pain. The following assumes you are in England/Wales... shout if not.

If you can get them to sign a written surrender of the tenancy, that's the easiest way. You'll save yourself a lot of hassle and you'll be able to sort out the property to re-let much sooner, so you might want to offer to waive the rent for the notice period in exchange for a signed surrender.

If they returned the keys to you, you it's probably safe to assume it's an "implied surrender".

If neither of these apply, you need to tread carefully. The safest option, as mentioned above, is to take them to court for possession. You'll then have to decide whether to serve Section 8 or Section 21 notice (or both), and get the dates and grounds right. What are the details of the tenancy? Is it a periodic tenancy or a fixed term tenancy? Did you serve the prescribed information for the deposit? If the tenancy changed from a fixed term to statutory periodic, did you re-serve the prescribed information? (this last point may not be necessary, but has not yet been tested by a court and is recommended by the deposit protection schemes).

diamond_dave

The tenancy is an assured shorthold tenancy, standard details. After the initial period of 6 months, the tenancy became a statutory periodic AST ie a rolling contract, with the rental date of the 14th of each month. This would mean that the tenant has to give notice to quit before the 14th of the month, and pay any rent for the following month. I, in turn, have to give them 2 months notice before the 14th of the month. I have been told that they are preparing to move as there was a large removal van outside and I am certain that they have rented another property. I suppose that I would have to wait until the rent due date in order to be certain of no payment of rent, but surely if they intend "abandoning" the property, I am entitled to reclaim it. Suppose they leave all the doors wide open and squatters enter?

RAS

So it is statutory periodic then?

Have you tried the basic, which might be to ring them up or to wander round and ask what is going on?

Bear in mind that if the rental date is the 14th they may be moving out now and intend cleaning up before they hand the keys back?

Scrootum

Speak to them would be my first step.

G_M

Read:

http://www.landlordzone.co.uk/content/abandonment