Any help is welcomed

addalittlebitofspice

Hi guys,

Was just looking for some help regarding a tenant I have. I’ve read up on some bits regarding my situation and it seems like it’s such a grey and complicated area. 

So I have a tenant who my partner (🫤) accepted for the house we put up for rent 9/10 years ago. That’s how long they’ve stayed there. Back in 2020, the tenant was texting us to hand them a notice once their lease is up (at this point, it had been renewed quite a few times beforehand). We didn’t see an issue to this and agreed. 

However, when time came for them to leave at the date stated, they didn’t leave. Things started to go downhill from there. We joined an agency as well who could act on behalf of us with serving notices, taking rent, carrying out safety inspections etc. 

Tenant didnt leave and any text messages we left were just read and ignored. Phone calls were almost entirely ignored. There was some communication going on between the agency and tenant which was a relief. Sometimes when we’d ask the tenant to agree on a date and time for us to send over someone to carry out the gas or electric inspection as required by law, they’d agree on a set date but never open the door. 

Recently, we’ve had to file a possession order for the tenants to leave and for us to gain access back to our property. Agency was also notified about this as well. 

Yesterday, we have found out from the neighbours that the tenants have vacated the property as they saw the tenant remove their belongings and load them into a removal van. This came as quite a shock because they have yet to pay the last months rent. They have also not given us the house keys back. We’ve once again tried getting into contact to see may be if they could let us officially know or even let the agency know that they have left but again it’s been ignored. The agency had emailed me that they were trying to chase up the tenants with the rent and when I told them about the current situation, they advised me to see if I could get a written response from the tenant if they’ve left. 

I tried ringing the tenants partner who surprisingly picked up. He explained to me that his wife had left the property and had  gone to seek a council house and I believe he said that they were in like a refugee area at the moment. I’m not sure on that last bit. I asked if they could text us all this and possibly hand over the keys. All I got was a hang up. I have informed the agency of this but if it’s not a written response then it’s no good. 😢 

What should I do? 

diego_94

Gain access with a locksmith, Change the locks and move on. That's assuming you don't have a key.

You can then keep the desposit to cover any damage, that assuming it was all protected in one of the schemes?

chanz4

I wouldnt gain access at this point, as possession has not been gained

TripleH

As per Chanz4. Don't get access to change the locks. This could be seen as an illegal eviction.

It's naff but even if they are paying no rent, until they give formal notice they've left, its still their property.

You might want to remind them that until they surrender the property, they are liable for utilities and council tax on the property as well.

I personally would contact the local council (where property is based), give the rental property address and name of tenant and explain that they haven't actually given notice to quit yet so you aren't liable for council tax for a void property.

If the council are rehousing them, then it might prompt the tenant to formally tell you they've ended the contract,but it also means you avoid being taken to court for non-payment of council tax you weren't aware of.

elsien

If he said the wife has left,  that’s could imply that the husband is still there and living in the property. A relative’s ex turned up at his property with a removal van and emptied it while he was still at work. 

Has it been to yet court yet? My next door neighbour abandoned their tenancy but because they were determined to make life difficult for the landlord they refused to confirm officially that they’d left or hand over the keys. So although the tenant had been rehoused in the interim (lord knows how they wangled that one) the landlord still had to wait for the court hearing for repossession then go on with a locksmith. 
Hope that doesn’t happen to you, but putting it out there to show why diego_94 suggestion may not be the best idea. 

SusieT

Go through the abandonment proceedure, post a votice on the door, and at the end of that you can enter the house. Unless there is a reason such as gas safety certificate has run out and needs renewing you do not access the property.

sidneyvic

SusieT said:

Go through the abandonment proceedure, post a votice on the door, and at the end of that you can enter the house. Unless there is a reason such as gas safety certificate has run out and needs renewing you do not access the property.

Do this but backdate it to the day they supposedly left so you dont have as long to wait.
If it was me I would just gain entry and if empty change the locks. How many successful prosecutions have there been for illegal eviction ?Precisely  none for  an abandoned property.... You'd have to pull them out by their hair kicking and screaming to get done for illegal eviction and even then your unlikey to get the police or council to take action. 

Section62

sidneyvic said:

SusieT said:

Go through the abandonment proceedure, post a votice on the door, and at the end of that you can enter the house. Unless there is a reason such as gas safety certificate has run out and needs renewing you do not access the property.

Do this but backdate it to the day they supposedly left so you dont have as long to wait.
If it was me I would just gain entry and if empty change the locks. How many successful prosecutions have there been for illegal eviction ?Precisely  none for  an abandoned property.... You'd have to pull them out by their hair kicking and screaming to get done for illegal eviction and even then your unlikey to get the police or council to take action. 

I don't think this site is meant to be used to encourage or condone illegal activities.

sheramber

sidneyvic said:

SusieT said:

Go through the abandonment proceedure, post a votice on the door, and at the end of that you can enter the house. Unless there is a reason such as gas safety certificate has run out and needs renewing you do not access the property.

Do this but backdate it to the day they supposedly left so you dont have as long to wait.
If it was me I would just gain entry and if empty change the locks. How many successful prosecutions have there been for illegal eviction ?Precisely  none for  an abandoned property.... You'd have to pull them out by their hair kicking and screaming to get done for illegal eviction and even then your unlikey to get the police or council to take action. 

It has not been established that the property has been abandoned. Only that the wife has left.

Husband could still be living there.

Wife may have taken her belongings only.

MovingForwards

Sounds like my former neighbours, we were pleased to see the back of them.

Ratkin007

If he said his wife left, it is possible she has left but he is still there. If you think you heard refugee, it could have been refuge and she could be claiming/suffering domestic violence.  It could be that until she/they are actually accepted by the council, they will want the tenancy to continue to avoid intentional homeless. If, so far, it is only 1 or 2 month's rent outstanding you are lucky. If able to contact can you maybe say if they give official notice you will waive the rent arrears. Otherwise it would be better to follow official (legal) routes. Especially if you want to continue letting your property.