Tenant have moved out without telling anyone.

tumbledowngirl

As the title suggests, we believe our tenants have moved out of our property, 6 months before the tenancy agreement ends.

They moved in January 2013 and when the AST came to an end in July 13, they requested a 12 month tenancy agreement.

In the last few months of last year, their rent was late each month, supposedly due to them changing banks. December's rent arrived pretty much on time, but then a couple of weeks ago, our letting agent emailed to say that the tenants had asked to be released from the agreement, because they'd seen a house round the corner they preferred.
We said no and assumed that was the end of the matter.
The rent was due at the beginning of this week - no sign. Asked the agent to look into it yesterday - he said he'd phoned and left messages to chase it up but heard nothing from the tenants.

I happen to know that the female tenant has a business page on Facebook. When I looked at it today, I noticed that the address she has listed is not that of our property but another property up the road. Alarm bells rang, so I decided to take a drive to our property and sure enough found that the curtains are closed and there is no sign of anyone living there. No surprise, then, that the tenant's car was parked in the drive of the other address and she and her husband and child clearly living there.

Spoke to our agent again, who then said that he had had a request from another letting agent for a reference for our tenants, which he had refused on the basis that they were tied into our agreement until July.

So, my question is how do we proceed to resolve this situation?
I know we are not legally able to access the property until the tenant surrenders the tenancy. The letting agent can't get any response from them, either by phone or email. His suggestion is that he tells the tenants that he wants to re-let the property and therefore needs contact with them.
Of course we want the property back and re-let as soon as possible, if the tenants are refusing to pay rent. However, I am also keen not to let the tenants off scott-free, since re-letting the property will cost us £250 in agents fees.

My other concern is what state the property has been left in - has the water etc been turned off? what is the situation with our insurers while the property is (presumably) empty etc?

Any advice would be appreciated.

anselld

For starters serve the correct notice for access to carry out an inspection and see what response you get.
You have the right to access if correct notice is served as per the tenancy agreement and if the T do not explicitly deny.
If you find evidence that the tenant clearly has no intention of continuing the tenancy then this can be considered "implied surrender" and you can legally take possession. Be careful, however, if there is any doubt at all then you can could be facing an unlawful eviction claim.
Either way, chase the T for outstanding rent via small claims.

Guest101

Check your insurance regarding the cover. But ultimately the tenant is liable for damage die to their neglect.

Your choices are: wait another month. Serve s8 notice, go to court and regain possession. After which you go to court for rent arrears. The deposit can be used if there is damage, but should not be used to pay rent.

Agree mutual surrender, you keep their deposit and they surrender the property, you can them relet.

Option 1 is morally right, option 2 is practical. U choose

tumbledowngirl

anselld wrote: »

For starters serve the correct notice for access to carry out an inspection and see what response you get.
You have the right to access if correct notice is served as per the tenancy agreement and if the T do not explicitly deny.
If you find evidence that the tenant clearly has no intention of continuing the tenancy then this can be considered "implied surrender" and you can legally take possession. Be careful, however, if there is any doubt at all then you can could be facing an unlawful eviction claim.
Either way, chase the T for outstanding rent via small claims.

Do you mean the standard notice, when, for eg, you need to access the house to get the boiler checked etc?
What would be sufficient evidence - an empty property? I went to have a look at the property this afternoon, to see whether it was still occupied, but the curtains were shut (the property is unfurnished, so the curtains that remain are the tenants' - would this be counter-evidence??)

Does the rule of having to wait until the rent is 2 months late apply in this case? Or can we serve papers immediately?

The letting agent has left messages and emailed both tenants again this evening, requesting a meeting at the property early next week.

Guest101

anselld wrote: »

For starters serve the correct notice for access to carry out an inspection and see what response you get.
You have the right to access if correct notice is served as per the tenancy agreement and if the T do not explicitly deny.
If you find evidence that the tenant clearly has no intention of continuing the tenancy then this can be considered "implied surrender" and you can legally take possession. Be careful, however, if there is any doubt at all then you can could be facing an unlawful eviction claim.
Either way, chase the T for outstanding rent via small claims.

Your right, but do not go down implied surrender route. Too risky

Guest101

tumbledowngirl wrote: »

Do you mean the standard notice, when, for eg, you need to access the house to get the boiler checked etc?
What would be sufficient evidence - an empty property? I went to have a look at the property this afternoon, to see whether it was still occupied, but the curtains were shut (the property is unfurnished, so the curtains that remain are the tenants' - would this be counter-evidence??)

Does the rule of having to wait until the rent is 2 months late apply in this case? Or can we serve papers immediately?

The letting agent has left messages and emailed both tenants again this evening, requesting a meeting at the property early next week.

Emails and texts are as useful as smoke signals and carrier pigeons. Use letters.

Do not go down implied surrender route.

You serve notice to inspect. In writing. Using pen and paper. You do so 3 days later. Assuming the locks have not been changed by the tenant.

anselld

tumbledowngirl wrote: »

Do you mean the standard notice, when, for eg, you need to access the house to get the boiler checked etc?
What would be sufficient evidence - an empty property? I went to have a look at the property this afternoon, to see whether it was still occupied, but the curtains were shut (the property is unfurnished, so the curtains that remain are the tenants' - would this be counter-evidence??)

Does the rule of having to wait until the rent is 2 months late apply in this case? Or can we serve papers immediately?

The letting agent has left messages and emailed both tenants again this evening, requesting a meeting at the property early next week.

Yes, standard formal notice in writing. Two copies posted from separate post offices with receipt of posting.

Evidence - completely empty - take photos. Plus the other evidence you mentioned in your OP.

I would agree with 101 though it *is* risky and if there is the least shred of doubt, e.g. a few possessions left then the court could view this as "intent to return".
edit: Just re-read the tenants curtains still there - yes definitely counter-evidence.

There is no risk in at least taking the first step, i.e. the inspection and then decide how to proceed when you have gathered evidence.

dancingfairy

o.k so you appear to be in the right, but what does this get you? You either stick to your guns and have to take it to court to reclaim the money or you try and strike a deal. Practically you are better walking away/striking a deal than trying to take it through the courts. Obviously you could pursue this through the courts but only if you have the time/patience and of course money to see this through and you believe you have a good chance of recouping the money.
df

mrginge

Let yourself in at 3am when no-ones around, smash the place up.
Then sue them for all the damage

Guest101

mrginge wrote: »

Let yourself in at 3am when no-ones around, smash the place up.
Then sue them for all the damage

That wouldn't work. They wouldn't be liable.

Kynthia

You could serve a section 8 the day after the next rent is unpaid (I'm assuming near the end of Feb), end the tenancy and claim for unpaid rent.

You are under no obligation to mitigate your losses and could leave the property empty and sue them for rent until July. Get the agent to send a letter confirming this to both addresses and they may answer their phone and agree to surrender the place in writing promptly with you keeping the deposit or more. Then you can get on with finding better tenants.