moonlight tenant gone!

MoneySavingMission

davidmcn wrote: »

As in post #7, that would seem to be ok as long as you're prepared to hand over the new keys to the tenant if they turn up before you've terminated the tenancy properly.

I'll do this then that will force him to get in touch with me if he tries to gain access again - highly unlikely based on what the police have told me.

this will be quicker and less expensive and will ensure I've got the properly secured without knowing who he gave keys to.

Pixie5740

MoneySavingMission wrote: »

it's a short term assured tenancy.
I'm only asking for experiences of others who have been in this exact position as it's the first that I have.
if I go for the full court action, how long should this take and does anybody have an idea of cost?
For the tenant to persue me, this would involve legal costs for them also which is not realistic.
this evidences the balance of power between a landlord and a tenant - it is my property. this has been an abuse of trust and conduct by my tenant.

I've already detailed the legal process you need to follow in post #19. Step 1, send an abandonment notice to the rental property. If you can find the tenant and get him to agree the tenancy has been surrendered great but if you can't it is important to make sure you dot the i's and cross the t's. If you don't then you could face criminal charges for illegal eviction. The choice is yours.

The tenant might be a rogue but you picked him and it sounds as if he was already known to the police so perhaps you need to re-think your referencing process especially as any tenant you get now will have a Private Rental Tenancy and will therefore be much more difficult to evict.

MoneySavingMission

Pixie5740 wrote: »

There's nothing commonsense about your proposed approach at all. The police might think the tenant has abandoned the tenancy, a family member might think the tenant has abandoned the tenancy but crucially the tenant hasn't said one way or the other and by changing the locks and re-letting the property the OP faces criminal charges for illegal eviction rather than just being out of pocket. Let's not forget that landlords in Scotland must be deemed as fit and proper by the council(s) in which the rental properties are based, and a landlord with a criminal conviction for illegal eviction would be neither fit nor proper so the OP could risk the required landlord licence(s).

A more sensible approach would be for the OP to send written notice, called an abandonment notice, to the tenant stating that (s)he thinks the tenant has abandoned the property. This should be sent to the tenant's last known address (rental property). The notice must give the tenant at least four weeks to let the OP know that the tenant is still living there, or that the tenant is staying away temporarily but intends to return.

During the four week notice period, the OP must make inquiries to find out if the tenant has left the property. For example the OP can:

* ask the neighbours if they have seen the tenant recently
* contact the tenant's family to see if they know where the tenant is
* check with the tenant's employer that the tenant is still working in the area
* check that the tenant's children are still registered at the same school (if applicable)

If, at the end of the four weeks' notice the tenant has not contacted the OP, and the OP has finished carrying out inquiries, the tenant can then be served with another notice stating that the tenancy has been ended.

is there a legal notice name for an 'abandoned document' - I did put a letter through to say ' no contact, i'll assume you've abandoned'
there are no means of contact, calls being ignored, emails unacknowledged and no forwarding address. The man has no children so these checks can't be done. I'm just thinking what is the point of putting a letter through the door for 4 weeks when it's already been confirmed that it's empty? it's just wasting time.

MoneySavingMission

if I try emailing again and in unlikely event tenant responds and agrees by email to end the tenancy - is that sufficient? He is liable for all utility charges, council tax until day of formal tenancy end.

quantumlobster

I don't know anything about landlording either in England or in Scotland, but I do know what "needs to sit down with an appropriate paid-for legal expert" looks like.

And this is it.

Pixie5740

MoneySavingMission wrote: »

is there a legal notice name for an 'abandoned document' - I did put a letter through to say ' no contact, i'll assume you've abandoned'
there are no means of contact, calls being ignored, emails unacknowledged and no forwarding address. The man has no children so these checks can't be done. I'm just thinking what is the point of putting a letter through the door for 4 weeks when it's already been confirmed that it's empty? it's just wasting time.

Actually, hands up, I might have given you a bum steer about the abandonment notice. That only applies to council tenants. Your outcome is worse, you'll should follow the eviction process for a Short Assured Tenancy, assuming the tenant was issued with an AT5 form before the tenancy agreement. The alternative is to run the risk of criminal charges for illegal eviction.

Edit: http://www.moray.gov.uk/moray_standard/page_75788.html

theartfullodger

MoneySavingMission wrote: »

it's a short term assured tenancy...................

Hope not: Such a tenancy type does not/did not exist in Scotland: What does exist is a "Short Assured Tenancy": see....
https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies


Sigh! With the greatest respect, if you can't even get the terms right, what chance of your handling any paperwork to end tenancy correctly, eh? I 'umbly suggest you need professional help: SaL can recommend a couple of specialist Scottish Landlord law solicitors.


Slàinte mhath!

thelem

I was also confused by the term moonlighting. I thought that meant someone who had two jobs.

Is the tenant in arrears? If so, by how much? If not, have they broken any terms of their contract (e.g. is there a term that they can't leave it unoccupied for more than a set time).

thelem

MoneySavingMission wrote: »

if I go for the full court action, how long should this take and does anybody have an idea of cost?
For the tenant to persue me, this would involve legal costs for them also which is not realistic.
this evidences the balance of power between a landlord and a tenant - it is my property. this has been an abuse of trust and conduct by my tenant.

What is your point regarding balance of power? It looks like the law has got the balance about right to me.

As you say, the tenant is unlikely to be able to afford legal costs, so is unlikely to actually sue you if they did turn up. But there is a chance that they might, so you still need to be careful. That ensures that the tenant's rights are likely to be respected, even if they don't take you to court.

As a landlord you are more like a business. Most months you will make a profit, but occasionally there will be higher than normal costs (e.g. building maintenance, legal fees) or lower revenue (e.g. tenant doesn't pay, gap between tenants). Your business plan should ensure that you make enough profit in your normal months to make up for the occasional losses.

MoneySavingMission

thelem wrote: »

I was also confused by the term moonlighting. I thought that meant someone who had two jobs.

Is the tenant in arrears? If so, by how much? If not, have they broken any terms of their contract (e.g. is there a term that they can't leave it unoccupied for more than a set time).

Yes, it's in the contact 'tenant to tell landlord if absent from accommodation for a period of more than 14 days' Impossible to know when they moved out for certain - police did say a few weeks ago.

Yes, ok it's a Short Assured Tenancy. Also surprised, at the attack of some posters.