Tenant has left without letting me know what are my rights?

ftsos

Hello Everyone,

I let my house out to a family. They were getting behind in rent by about 6 weeks. For the last 2 years, they always paid late. The husband who is the main tenant has not been answering my calls or messages for about 2 weeks. On WhatsApp, I can get a read receipt so I know he has been reading my messages. I went to the house a few days ago and all the neighbours confirmed that they have left, as no one has seen anyone come in or out of house for several weeks. And one family saw them moving out.

The husband spoke to me in the past saying that if things did not work out for him in the UK then he may go back to Hungary. So I do not know if he is still in the UK.

I took a chance the day after the neighbours confirmed I knocked again on the door and there was no answer. So I used the spare keys to go in and the house was completely empty. They have taken all their possessions, and there is nothing in the fridge etc. The house is completely bare, not even 1 item of clothing or any bedding.

I have sent them messages to request that they confirm that they have left. They have ignored my messages.

Since they are not responding to any of my messages. I just wanted to know what are my rights? I don't want them to comes back a month later and claim they have not left! I have taken pictures with a date and time stamp.

I need to what my rights are in this situation? I cannot get hold of them at all. I don't want them to turn up a month later to say that they have come back! I think the tenancy contract says that they need to inform the landlord if they are going to be absent more then 14 days.

To any landlords, what are my options, what would you do in my situation?

Thank you.

onwards&upwards

Have you sent them a message saying that it’s ok if they’ve left and you don’t want anything more from them or any money you just need to know so that you can let another family move i?

anselld

You don't really have any rights until you obtain a Court Order for possession.

If you are absolutely sure they have abandoned then you can take back possession, but the risk is exactly as you have stated that they could come back and claim illegal eviction. Probably a risk worth taking given the strong evidence of abandonment, but still a risk.

ftsos

onwards&upwards wrote: »

Have you sent them a message saying that it’s ok if they’ve left and you don’t want anything more from them or any money you just need to know so that you can let another family move i?

I have sent a "similar" message. I sent a message saying I don't care if they have left and it is okay if they leave but they just need to tell me. But they have not responded. I have not stated that I don't want any money from them. The truth is although I lose a months rent, I wouldn't chase them for it. I just want to know and be sure. But no response at all.

diggingdude

Have you tried ringing them? I know you need it in writing but a call may give you an idea

ftsos

onwards&upwards wrote: »

Have you sent them a message saying that it’s ok if they’ve left and you don’t want anything more from them or any money you just need to know so that you can let another family move i?

diggingdude wrote: »

Have you tried ringing them? I know you need it in writing but a call may give you an idea

I have called at least 20 times I think. Yes repeated calls. Many times every day. At different times of the day. I even tried to turning up to the house early in the morning and at midnight. The same result every time.

The downstairs neighbour is from the same country as them, they are Hungarian, and they said they also confirmed that they have left. If I show you you the picture you would understand that nobody could be living there.

Cakeguts

Go to court and get a possession order and then there is no risk. Then sell the house if you are not going to live there again. What you have is a house that is not suitable for letting. I assume that you didn't buy it as a rental but as somewhere to live?



Lots of people make the mistake of thinking that a house that they have bought to live in will make a good rental property. Sometimes they do but often they don't. You can tell that what you are letting is one that doesn't make a good rental by the fact that you got unreliable tenants who were from a poorer EU country. There is nothing wrong with this but it is better to have a business model and property that is suitable for this part of the rental market. It doesn't sound from your OP is if this is the case. It sounds as if the property was always just a bit too expensive for the tenants. What you need is cheaper property where you can ask for a lower rent if tenants from poorer EU countries is going to be your business model.

ftsos

Cakeguts wrote: »

Go to court and get a possession order and then there is no risk. Then sell the house if you are not going to live there again. What you have is a house that is not suitable for letting. I assume that you didn't buy it as a rental but as somewhere to live?



Lots of people make the mistake of thinking that a house that they have bought to live in will make a good rental property. Sometimes they do but often they don't. You can tell that what you are letting is one that doesn't make a good rental by the fact that you got unreliable tenants who were from a poorer EU country. There is nothing wrong with this but it is better to have a business model and property that is suitable for this part of the rental market. It doesn't sound from your OP is if this is the case. It sounds as if the property was always just a bit too expensive for the tenants. What you need is a cheaper property where you can ask for a lower rent if tenants from poorer EU countries is going to be your business model.

Thank you for your advice. I know you are right. You seem like someone who either works in the property market or owns properties.

You are right, I originally brought this to live. I never intended to become a landlord. However, life happens and one thing led to another, and I was torn between different situations as I was self-employed and I couldn't have the benefit of a big company pension. Like many people I didn't trust the pension market, so one thing led to another and I ended up buying 3 properties, and I live in one and rent 2 out. I have been letting this particular property now for 15 years.

I am sympathetic towards tenants (I mean it), and I try and charge around market rates. The last or current 2 tenants have not had a rent increase in 4 years. There are thousands of people like me who don't own many properties so they can't do it as a full-time job and don't often have the full knowledge. There are good as well as bad landlords and the same goes for tenants. Things are not as black and white as it sometimes seems.

The reality is I am now at an age, and some health issues mean that I would be pensionless without these houses. I will take your advice on board and try and safeguard myself going forward.

In the past, I have been a member of NLA. However, the worst aspect of the letting market for my opinion is the referencing. Landlords will often always give a good reference to get rid of even a bad tenant.

I work in technology, and I was hoping someone would create a platform that allows people to review landlords as well as tenants. I don't care if its non-profit or for profit. If I found enough like-minded landlords I would love to create or get involved in such a system with them. Right now the way it works is terrible even if you credit check someone, it is hard to know.

G_M

ftsos wrote: »

....
I need to what my rights are in this situation? I cannot get hold of them at all. I don't want them to turn up a month later to say that they have come back! .....

This is the risk. And it is real. There ave been cases where tenants have returned, found themselves locked out, or new tenants in occupation, and taken the landlord to court for illegal eviction.

However from what you say this seems a very remote possibility so it's a question of how risk averse you are!

The safe way to proceed is to either get confirmation of Early Surrender in writing from them, or get a court possesion order. But for this you need either
* to serve a valid S21 Notice ( which you may not be able to do for some time), then wait 2 months, then apply to court, or
* to wait till 2+ months rent is owed and serve a S8 Notice.


See also


https://www.landlordzone.co.uk/information/abandonment

Ratkin007

probably already done but try phoning them from a different number or withheld number? Does the ring tone indicate if they are out of the country? Serve notice and follow procedure. Just because you had Hungarians in who left without notice doesn't make your property unsuitable or too expensive. And if you're not sure what the tenancy says then may be worth checking it.

justjohn

ftsos wrote: »

I work in technology, and I was hoping someone would create a platform that allows people to review landlords as well as tenants. I don't care if its non-profit or for profit. If I found enough like-minded landlords I would love to create or get involved in such a system with them. Right now the way it works is terrible even if you credit check someone, it is hard to know.

Facebook and keep the deposit high.


You will never stop bad tenants 100%


As for your current problem, you need to go through court or get the tenants to give up tenancy.


Can you Contact them via FB...?