We think tenant has done a runner

TripleH

I would keep copies of all communication to the tenant and with engineer trying to get access to do gas safety inspection.

Can't guarantee it but I would be concerned if a judge refuses a s21 because no gas certificate in place despite reasonable attempts by landlord to secure one and tenant prevented access. Otherwise this would open up a big can of worms.

jpin_2101221414

canaldumidi said:

jpin_2101221414 said:

What happens if they dont respond to a section 8 ? Can we give a section 21 now since we tried to get the gas certificate done. What happens to TDS ? How can we get the gas cerificate done. 

1) they don't need to respond.You need to appy to court for possession. How much are the arrears? Are you using S8 (G8) or (G10) or (G11) or all 3?

2) If a S21 will be valid, then serve it for belt and braces.but S8 is the way to go. However the T's could argue the S21 is invalid without a gas cert. Unclear how a judge would rule.

3) You can't. But as advised earlier follow the HSE advice.

What happens if they dont respond to possession order? That seems to be default behaviour at the moment. It will be G10. It cannot be G8 because we are not yet at the 2 month in arrears mark. How do we get TDS 

GDB2222

It does seem likely that the tenants have abandoned the property. Whilst there is a risk in entering the property, there's a risk in the gas system being unchecked, and this probably justifies it. 

There's loads of information on the web. Try this:
https://www.netlawman.co.uk/ia/tenant-abandonment

Leaving the legal niceties to one side, there's a risk in re-entering the property without a court order, but that's pretty modest if it's obvious that the tenants have left. It's not a case that the authorities would be likely to prosecute, and any damages due to the tenant (in the unlikely event they sue) could be offset by the unpaid rent. Against that, if you wait whilst you apply for a court order, the property will remain empty for months. 

TheMightyShowerHead

Are the meter boxes outside? If so might be worth checmingt if the electric meter has been bypassed. Sounding slightly like a grow house. 

Also, I don't know about the legality of it but could you get the gas capped. If they aren't allowing access for gas safety checks then (imo) capping the gas is a reasonable and proportional satey measure. 

canaldumidi

jpin_2101221414 said:

canaldumidi said:

jpin_2101221414 said:

What happens if they dont respond to a section 8 ? Can we give a section 21 now since we tried to get the gas certificate done. What happens to TDS ? How can we get the gas cerificate done. 

1) they don't need to respond.You need to appy to court for possession. How much are the arrears? Are you using S8 (G8) or (G10) or (G11) or all 3?

2) If a S21 will be valid, then serve it for belt and braces.but S8 is the way to go. However the T's could argue the S21 is invalid without a gas cert. Unclear how a judge would rule.

3) You can't. But as advised earlier follow the HSE advice.

What happens if they dont respond to possession order? That seems to be default behaviour at the moment. It will be G10. It cannot be G8 because we are not yet at the 2 month in arrears mark. How do we get TDS 

Once you have a possession order you go in and take possession. That's what 'possession order'means. The court has awarded you possession.

Potential problem with G10 is it is discretionary. But if the T fails to attend court/defend, that will increase the likelihood of the court awarding possession.

Alternative as suggested is to ignore the court process and simply go in. The advantage of course is speed. The risk is the T returns and claims illegal eviction which as you know is a criminal offence.....

You apply to TDS for the deposit. Not sure how that would pan out unless the tenancy has been properly ended.

GDB2222

canaldumidi said:

jpin_2101221414 said:

canaldumidi said:

jpin_2101221414 said:

What happens if they dont respond to a section 8 ? Can we give a section 21 now since we tried to get the gas certificate done. What happens to TDS ? How can we get the gas cerificate done. 

1) they don't need to respond.You need to appy to court for possession. How much are the arrears? Are you using S8 (G8) or (G10) or (G11) or all 3?

2) If a S21 will be valid, then serve it for belt and braces.but S8 is the way to go. However the T's could argue the S21 is invalid without a gas cert. Unclear how a judge would rule.

3) You can't. But as advised earlier follow the HSE advice.

What happens if they dont respond to possession order? That seems to be default behaviour at the moment. It will be G10. It cannot be G8 because we are not yet at the 2 month in arrears mark. How do we get TDS 

Once you have a possession order you go in and take possession. That's what 'possession order'means. The court has awarded you possession.

Potential problem with G10 is it is discretionary. But if the T fails to attend court/defend, that will increase the likelihood of the court awarding possession.

Alternative as suggested is to ignore the court process and simply go in. The advantage of course is speed. The risk is the T returns and claims illegal eviction which as you know is a criminal offence.....

You apply to TDS for the deposit. Not sure how that would pan out unless the tenancy has been properly ended.

It takes months to get a possession order. If the property has actually been abandoned, that's an awful waste. It's different if the tenants are still there, ofc.

canaldumidi

So long as the OP understands the pros/cons, risks and benefits, the choice is his!

GDB2222

canaldumidi said:

So long as the OP understands the pros/cons, risks and benefits, the choice is his!

Quite! Personally, I'd get a locksmith to open up, then take a good look round, and record that on a video. It's reasonable to get entry, on account of the overdue GSC, and it's perfectly reasonable to have a look round at the same time.  Then, take it from there.

Slinky

HotPantsCruiser said:

Sounds like they are long gone?

Not necessarily so. I got a message from my old neighbour that my tenants had moved out, I had no knowledge of them going. My dad looked through the window and there was just an armchair on view. Long story short, letting agent, gas engineer and my dad went in to find the only other things left in the house was a bed and a broken clothes rail. Imagine our surprise when the neighbour opposite was woken one night by the police helicopter, she looked out and noticed the tenant was back in the house making up the bed (with the curtains open).  The tenant had paid the rent by cheque put through door the night of them moving out. Agent said it was the oddest flit he'd ever seen!