Advice please on eviction on tenant

Apathy

Hi guys.


My estate agent has already served a tenant with 2 months notice with a section 21 notice (deposit is protected, notice is served correct etc.) and it expires on the 13th of September 2015. the tenant has not allowed access for an inspection for 6 months now. They've stopped paying rent 3 months ago. Now as it stand the council have contacted them but no response, the tenant has stopped respond to multiple letters for a about 2-3 months too. So my estate agent has sent them an abandonment letter dated for the 14th of September 2015 stating if there's no response, then they will assume the tenant has already left and that they will around an change the locks as of the 21st of September 2015. Just wondering if I should pursue with the accelerated procedure through the courts (possible waste £700-£800+ on something of may be a complete waste of money)? Since there absolutely no response from the tenant for 2-3 months now, what would your suggestions be? IS the abandonment procedure ok?

benjus

Why didn't you serve a Section 8 notice as well as a belt & braces approach?

Abandonment is tricky. If they have left keys behind and cleared out all their belongings then you have a pretty likely case of implied surrender (i.e. based on their actions, you can conclude that the tenants wish to terminate the tenancy agreement). However, until a court has definitively terminated the tenancy agreement the tenants have the right to exclusive use of the property. You run the risk of committing an illegal eviction if you change the locks.

Abandonment letters and notices have no specific legal standing, other than being part of due diligence in ensuring that the tenant has indeed abandoned the property. You would be in a better position if you could prove that the tenant was now living somewhere else. Do you have contact details for the tenant's next of kin? You could also try a people finding service like FinderMonkey.

But the only way to ensure that your behind is truly covered is to get a court possession order.

G_M

As benjus says, get a court possession order just to e sure. You don't want the tenants turning round accusing you of illegal eviction....

S8 ground 8 for rent arrears or the S21 - whichever is quickest.

agrinnall

benjus wrote: »

Why didn't you serve a Section 8 notice as well as a belt & braces approach?

Probably because when the S21 was issued there was only 1 month's rent unpaid so S8 wasn't then appropriate.

Why are the council involved? Is it just for unpaid CT, or were they paying the tenant HB?

cloo

I don't think accelerated procedure is as much as £700? Recall it being nearer £300. I presume you're not near the property - can the agents not check whether they still appear to be resident?

Gonzo1987

You can't use accelerated possession if you want to claim for any rent arrears.

thesaint

Serve a notice that you are going to inspect the property. This only needs 24 hours notice.
From viewing the property, you will be able to make an informed opinion on how to proceed.

theartfullodger

agrinnall wrote: »

Probably because when the S21 was issued there was only 1 month's rent unpaid so S8 wasn't then appropriate. ,,,,

s8(g10) can be validly issued if only 1p is paid 1 day late: IMHO advisable to issue if only for further evidence at s21 consideration & it might just prompt tenant to pay up...

But yes, 2 months unpaid for s8g8, the mandatory one,

Apathy

Thanks or the replies everyone.


I've spoken to a legal eviction team. They advised me not to pursue with the court procedure as it appears they've surrendered the property.


I've gained access to the property, they've literally taken nearly everything included such as furniture, fridge, washing machine, beds, even light bulbs and fitting attached to them (they shouldn't have taken them as it's part of my inventory I provided and not their property),oven fixtures removed, blinds, TV's, bathroom accessories. They even left the keys behind. The legal team told me even if they were to come back, that there isn't a sustainable source of living in there. The only thing I would note is that they have left a large amount of clothes in the master bedroom. There is a colossal amount of mail there too unopened except the section 21 notices. What do you think? The locks have been changed as I believe there would be potential squatters and an unsecured property isn't great and I've left a notice there saying to collect possessions within 7 days and if you do return to inform me or the letting agency.


Also what would you suggest in terms of council tax liability (there is an unopened letter from the council which seems to imply tax direct debits need to be set up, presumably from non-payment), do I inform the council now or wait to see if she returns, and also the gas and electric meter is something like £32.82 in debit, do I inform the company (not sure who their with).


They've definitely damaged some areas to the property such as removed light fixtures and taken the oven hob attachments, taken the doors handles off each room, so just wondering for insurance purpose, I've only just known about this, and believe the tenant has only just vacated (as doesn't most insurance companies have to have the properties not unoccupied for more than 30 days? how would I have known when they vacated?)


What's everyone's opinions of claiming money back, and I'm possibly looking at the money claim root online, although I believe there require the tenants new address (not sure as they could be anywhere), would any of you personally pursue this for around 3-4 months worth of rent arrears? (£351 pcm) and also the Deposit scheme?


Thanks for the input everyone.

theartfullodger

I hope you went with a witness & took loads of photos: If you didn't go back NOW with a witness & take loads of photos.

It's extraordinary how many of those "loads of mail" will have fallen open & provided further evidence - that you just happened to notice when glancing at the pile - of who they are (payslips, letters from benefits agencies & HMRC, letters to paying lodgers...) which might help find them later...

Guest101

Apathy wrote: »

Thanks or the replies everyone.


I've spoken to a legal eviction team. They advised me not to pursue with the court procedure as it appears they've surrendered the property. - It does appear that way.


I've gained access to the property, they've literally taken nearly everything included such as furniture, fridge, washing machine, beds, even light bulbs and fitting attached to them (they shouldn't have taken them as it's part of my inventory I provided and not their property),oven fixtures removed, blinds, TV's, bathroom accessories. - All good signs that it is surrendered. They even left the keys behind. - Good sign (but they could have multple copies) The legal team told me even if they were to come back, that there isn't a sustainable source of living in there. - Well that's an odd thing to say. There's not a 'substantial source of living there' when they start the tenancy too, ie before move in day, but it is still theirs at that time. The only thing I would note is that they have left a large amount of clothes in the master bedroom. - NOT a good sign. If they've had advice, this is a tactic to come back in a few weeks and claim back large amounts of damages. Even if you defended the illegal eviction claims, the 'damages' for the clothes would likely be claimed as serverl £100s. There is a colossal amount of mail there too unopened except the section 21 notices. - Not your mail. Dont open it. Put it safely in a box. What do you think? The locks have been changed - Risky. as I believe there would be potential squatters - So? That is now a criminal offence, and dealt with by the police same day. and an unsecured property - In what way was it unsecured? isn't great and I've left a notice there saying to collect possessions within 7 days - DO NOT Dispose of their belongings, you'll get a claim. and if you do return to inform me or the letting agency. - If they do return, your notice will be fantastic evidence for their illegal eviction claim. TAKE IT DOWN!


Also what would you suggest in terms of council tax liability (there is an unopened letter from the council which seems to imply tax direct debits need to be set up, presumably from non-payment), - You havent changed this already? You realise that this is just more evidence for them. If you think you've taken legal posession of the property, all bills in your name that day. do I inform the council now or wait to see if she returns, - now. and also the gas and electric meter is something like £32.82 in debit, do I inform the company (not sure who their with). - Phone up any company, in fact phone up the one you want to use. They have access to a central register and will tell you who it's with, you can switch at the same time.


They've definitely damaged some areas to the property such as removed light fixtures and taken the oven hob attachments, taken the doors handles off each room, so just wondering for insurance purpose, I've only just known about this, and believe the tenant has only just vacated (as doesn't most insurance companies have to have the properties not unoccupied for more than 30 days? how would I have known when they vacated?) - unless the damage is over £1000, dont bother with insurance. Did you put into the tenancy agreement that they must let you know if vacated for over 30 days? If not, that's very very silly.


What's everyone's opinions of claiming money back, and I'm possibly looking at the money claim root online, although I believe there require the tenants new address (not sure as they could be anywhere), would any of you personally pursue this for around 3-4 months worth of rent arrears? (£351 pcm) and also the Deposit scheme? - serving papers on the property now that you've taken possesion is asking for the tenants to get a set aside. Yes it's worth pursuing, but you have 6 years to do that. Make reasonable efforts to find them. Right now concentrate on evidence. And yes contact the deposit scheme and claim back what you can.


Thanks for the input everyone.

Just be cautious in case the tenants really know which buttons to push.