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Tenant moved out (overseas) with no notice during fixed term
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If they have put it in writing that they want to end the tenancy and have surrendered the keys, then just re-advertise, and once it is re-let then return any deposit less advertising fees and vacant period until new tenants moved in.
No point taking it further.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
The problem is that until you have it either in writing from the tenant or by order of the courts taking back control of the property is fraught with problems. One case of note being the landlord that took back the abandoned property of a man who had been imprisoned for life and ended up paying a £20K fine for illegal eviction even though the tenant was not paying rent and would unlikely ever have returned.
Never associate with idiots on their own level, because, being an intelligent man, you'll try to deal with them on their level - and on their level they'll beat you every time.
Being hated by idiots is the price you pay for not being one of them.
Jean Cocteau 1889-1963
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How do you send them something to sign if you have no address?A tenant recently told me they've moved out due to ..... and have asked for their deposit back.
.Clearly there is communication, albeit not an address. So a document can be sent.I have WhatsApp messages only. Firstly stating they've left and secondly that they will not be returning
They might, they might not. But as molerat says, there are risks, however small, in acting as if the tenancy has ended. There have indeed been cases where this has happened, the tenant returned, and the LL was prosecuted for illegal eviction.It’s obvious that the tenant won’t sign the deed. So, how does sending it help?
It costs the LL nothing to send the Deed so it's worth at least trying. Compared to paying a tracing agent, and then suing via an overseas court, it's a no brainer!0 -
G_M could the op Either wait for 2 months over due rent and get a section 8 or section 21 now and then get a possession order eventually, which would be quicker?"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0 -
Another thought - you say you only have whatsapp messages saying tenant has left the country.
How do you know if tenant has actually left the UK as such messages can be sent from anywhere.
Was there no address for the tenant on/in any of the documents supplied by tenant, have you read through them and seen anything that could be an address?0 -
Also, have you done a search for the tenant's name on social media, for example Facebook, Instagram, etc and looked at any recent posts if any?0
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If the tenant has returned the keys and also informed you tenancy has been terminated. then tenancy is terminated.
Tenancy termination does not have to be via snail mail or via letter.
Fax /email/FB etc is fine you also have the keys returned. So this also means you can prove tenancy termination.
Many tenancies are now terminated via email FB or other electronic means.0 -
If you get the property re-let quickly, and their deposit is forfeit, then how much are you actually going to be out of pocket?
How much blood pressure do you want to put into a relatively pyrrhic victory, even assuming you can get somewhere with a pan-European claim against somebody for whom you have no address, and who has just given up the job that they had?
Chalk it up to a cost of doing business, and move on.0 -
The problem is that until you have it either in writing from the tenant or by order of the courts taking back control of the property is fraught with problems. One case of note being the landlord that took back the abandoned property of a man who had been imprisoned for life and ended up paying a £20K fine for illegal eviction even though the tenant was not paying rent and would unlikely ever have returned.
This case is distinguishable from that, as the tenant has given up the tenancy through a WhatsApp message.
Besides that, being a landlord involves calculating risks. There’s the known cost of lost rent and court fees against a somewhat remote possibility of a fine.No reliance should be placed on the above! Absolutely none, do you hear?0
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