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Tenant have moved out without telling anyone.

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  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 31 January 2014 at 11:42PM
    Use a S8 as soon as the 2nd month's rent is late.

    Get a court order to end tenancy.

    Only a court order can end the tenancy and any other course of action risks Protection from Eviction Act 1977

    See also

    http://www.landlordzone.co.uk/content/abandonment
  • tigsly
    tigsly Posts: 481 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I think once you know the property is empty - you have a duty to find new tenants - and can charge the old ones for the 'gap' and 'marketing fees'..

    I dont really see what difference it makes to you who lives there.. as long as rent comes your way? and the property is kept in good order?
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    tigsly wrote: »
    I think once you know the property is empty - you have a duty to find new tenants - and can charge the old ones for the 'gap' and 'marketing fees'..

    Not the case at all in tenancy law. There is no requirement to mitigate losses and tenants have the right to leave a property empty for a while (although still have a responsibility to pay rent) without the landlord 'assuming' they've abandoned it and moving new people in. The landlord could then be accused of illegal eviction if the tenancy hasn't been properly ended which is a criminal offence.
    Don't listen to me, I'm no expert!
  • mrginge
    mrginge Posts: 4,843 Forumite
    Guest101 wrote: »
    That wouldn't work. They wouldn't be liable.

    :rotfl::rotfl::rotfl::rotfl::rotfl:
  • Guest101
    Guest101 Posts: 15,764 Forumite
    mrginge wrote: »
    :rotfl::rotfl::rotfl::rotfl::rotfl:

    How could they be liable for criminal damage?

    You advocate a ll breaking in? Hmmm
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    tigsly wrote: »
    I think once you know the property is empty - you have a duty to find new tenants - and can charge the old ones for the 'gap' and 'marketing fees'..
    very risky advice. You cannot install new tenants until the current tenancy has ended.

    Yes, if LL and tenant agree an Early Surrender (ideally via a Deed), then get a new tenant in asap, and the Deed could require the current tenant to pay rent (and other costs) till new tenancy created.

    But without either a Surrender, or a court order, ......

    What if current tenant returns and finds themselves locked out by new tenants?

    Protection from Eviction Act 1977
  • mrginge
    mrginge Posts: 4,843 Forumite
    Guest101 wrote: »
    How could they be liable for criminal damage?

    You advocate a ll breaking in? Hmmm

    Oh yes of course i am !!!!!!.

    :rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

    How did i know you would be the one to bite.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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.

    Knock on the door and speak to them.
  • Slayerx
    Slayerx Posts: 1,283 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    mrginge wrote: »
    Let yourself in at 3am when no-ones around, smash the place up.
    Then sue them for all the damage

    This made me laugh way more than it should of :rotfl::rotfl:
    Official DFW Nerd Club - Member no. 065
  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    edited 1 February 2014 at 12:54AM
    OP - My impression is that your tenant is making a point. She has politely asked to be released from a contract that she signed and you asserted your legal right not to do so. She is now creating all sorts of issues for you.

    I would not enter the property without legal authority. As has been said if you want to resolve the matter knock the door where you "think" she is living and ask her. For all you know he may still have furniture in the house and still live there (unless you are watching the place 24/7) while she is living with a new partner. Being one month late with the rent is not so long in practice, but if the next month is not paid issue the S8.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
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