Tenants leaving without notice

Scrootum

diamond_dave wrote: »

The removal van was a hint! We live in a small area and they are moving just around the corner. As the beds went yesterday and they slept at the new property last night - they have returned to the flat today to finish moving. I fully understand what everyone is saying, but the law states that they a) still hold the tenancy until they give notice to leave and b) I can do nothing until the 14th which is the date on the AST. I believe that once they have left completely, I can go down the abandonment route( after the14th) and get them to sign a notice to that effect.I really don't want to wait another 2 months before going to court - I really want to sort it out quickly and legally.

Have you still not spoke to them?

They may want to go on the paying the rent.

[Deleted User]

lol, so just ask them to surrender the tenancy, if they are traceable as you say.., and they agree that they are moving out. Refurb the place, deduct money from their deposit or claim what u spend that wouldn't come under the title betterment through the small claims court.

And get the property rented out asap.

If you really see the need, you could claim for the notice period in the small claims courts.., but be prepared to lose some or all of the claim if you manage to rent it out. But you will have lost minimally on that point if you can rent it out again within this notice period.., which is the aim of a LL surely?

I suspect that, if they have already rented out somewhere else, you aren't going to have much luck getting them to stay for another two months.., and surely that's to your benefit if they are such bad tenants?

diamond_dave

Ok Update: received a hand written note left in neighbours(FIL) letter box today informing us that they are giving notice to leave the property. As it was a little ambiguous- seeming to give the 11th of January as the end date- I typed out a letter from them to me stating EXACTLY when the tenancy ends, etc. I went round to the flat and spoke to them and got them to sign the letter. I then gave them a letter confirming receipt of the document. So it seems to be ok. Lets hope that the rent is paid when its due and I can get on with getting it back on the market.

allthingsmustpass

What a dreadfully nosey landlord, this business is not for you, you have kittens because they move before you hear anything, big deal. It doesn't mean they aren't still responsible for the property or are going to stop paying rent, just theres an overlap. Maybe they want the use of both properties for a while, and what has it got to do with you? What a terrible interfering panic stricken landlord, you must be in debt up to your eyeballs.

What if your next victims go on holiday for two weeks, will that send you into a panic as well? What a nut.

diamond_dave

Thanks for that allthingsmustpass! You are wrong on ALL counts. How do you reach the conclusion that I am nosey? I can give you all an update on the situation: the tenants have moved out completely, leaving the property in a complete mess. The place will need redecorating completely, new kitchen and bathroom, new carpets throughout, new gas fire, new doors - lots of work and lots of money. Today I received a note from them saying that I could keep the deposit in lieu of the last months rent but why should I have to fork out all this money and effort because of these scumbags? Its my property and I expect people to respect my property. Anyway, as the tenancy doesn't officially end until 14thJanuary, where do I now stand legally. I haven't received the keys yet nor been able to do a proper check. The only thing I've done is to give them 24 hrs notice to enter and turn off the services, and close all the windows which were left open! Do I now wait until 14 January or issue an abandonment notice? I've tried contacting them due with no result.

Angelicdevil

allthingsmustpass wrote: »

What a dreadfully nosey landlord, this business is not for you, you have kittens because they move before you hear anything, big deal. It doesn't mean they aren't still responsible for the property or are going to stop paying rent, just theres an overlap. Maybe they want the use of both properties for a while, and what has it got to do with you? What a terrible interfering panic stricken landlord, you must be in debt up to your eyeballs.

What if your next victims go on holiday for two weeks, will that send you into a panic as well? What a nut.

Oh dear, don't you look a bit silly now?

diamond_dave wrote: »

Thanks for that allthingsmustpass! You are wrong on ALL counts. How do you reach the conclusion that I am nosey? I can give you all an update on the situation: the tenants have moved out completely, leaving the property in a complete mess. The place will need redecorating completely, new kitchen and bathroom, new carpets throughout, new gas fire, new doors - lots of work and lots of money. Today I received a note from them saying that I could keep the deposit in lieu of the last months rent but why should I have to fork out all this money and effort because of these scumbags? Its my property and I expect people to respect my property. Anyway, as the tenancy doesn't officially end until 14thJanuary, where do I now stand legally. I haven't received the keys yet nor been able to do a proper check. The only thing I've done is to give them 24 hrs notice to enter and turn off the services, and close all the windows which were left open! Do I now wait until 14 January or issue an abandonment notice? I've tried contacting them due with no result.

Oh no! That's terrible! So, you were right to trust your gut on this one....

Here's a little about abandonment:

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

I'll leave some of the more experienced on this forum to give you better guidance on the next steps!

diamond_dave

Thanks Angelicdevil. Yes, I read this article before and that's why I posted again for advice. The tenants have definitely left and are living in another property. All their possessions have gone and all that's left is a bit of rubbish. They left a note with their neighbour(my FIL) to say that I should keep the deposit as the last months rent and although I can see that there is a lot of work to be done I would rather try and end the tenancy now in order to start work on it and get it re-rented. I have visited their new place on several occasions, but they will not answer. I understand the pitfalls of "abandonment" but I could do with getting on with the work. On the matter of the deposit, as its lodged with the DPS, I have to go through a convoluted procedure in order to get it back - although their written confirmation relinquishing the deposit should help. I could just wait until the 14th of January but I still don't know what they are doing about the keys.Any advice would be great.

diamond_dave

Just thought of something else - at the moment they still have the tenancy and are still liable for the council tax, water, gas and electricity.If I end the tenancy say by mutual agreement, I will then be liable for all of these, won't I?

donfanatico

diamond_dave wrote: »

Just thought of something else - at the moment they still have the tenancy and are still liable for the council tax, water, gas and electricity.If I end the tenancy say by mutual agreement, I will then be liable for all of these, won't I?

yep yep yep