Tenant uncontactable

MCT56

Hopefully he is not in the locked bedroom !  Stranger things have happened. I,d be getting the locked bedroom checked in the presence of a reliable witness because the situation is rather bewildering. 

bobster2

toni2014 said:

Due to not responding to my text messages and the phone is off I've had no choice but to secure the property and change the lock but will return the key back to him if he returns within a reasonable time frame.

You certainly had a choice when it came to changing the lock - you could have just locked the door with the key he left for you - and let him know you had that key.

Tenant might have done a vanishing act - but you don't know that. And you don't have a right to lock a tenant out of the property just because their rent payment is 11 days overdue.

Have a look at the procedures and timescales here...

https://www.lettingaproperty.com/landlord/blog/tenant-abandonment/

RAS

There are many place where cell phone service is dire. So the dud phone means nothing.

I was unable to check maps for my final night's accommodation, or confirm the ferry was running in the morning despite a dodgy forecast. On Orkney. And a friend has similar nightmares in Cornwall a few weeks later.

Translate that to another country where coverage may not be that great..... And local custom may demand your tenant's attention somewhere they can't access alternatives. They may intend to return to the UK, and may be stymied by local demands, or return tomorrow.

I'd suggest changing the lock back so your tenant can get in if they return at 3am. And trying to send a text offering other means of communication like email, even if it a burner.

Then relax for a couple of weeks?

Kim_13

km1500 said:

I suspect (and it's only my personal opinion) that he's not coming back

If so, why not say that? It would take a couple of sentences to do that, less if he was not going into why he wasn’t returning or apologising for the missing rent. He could even get a relative or friend better able to deal with it at this time to compose and send the message. 

Have you tried offering to waive the rent for the notice period if he confirms that he will not be returning? That would give you a period without bills to pay for the property (other than the mortgage if you have one) in which to market the property and secure a replacement tenant, cancelling out some of the rent waived and getting rent coming in again more quickly.

A tenant missing a single payment and immediately giving the property back is the best sort - there is then no loss to the LL, unless payments were due a month in arrears in the first place. While under the law as it is the LL cannot do anything but wait several months if the tenant fails to respond, that’s exactly what leads to people not wanting to be LLs: with no rent coming in, they’re left in a situation where they have to lose more money to get the property back. And if the tenant does not return to the UK in this case, OP has next to no chance of seeing the amount due to them. While the tenancy remains in force, any unpaid council tax and utilities are between the tenant and the council/providers, but that’s the only part that doesn’t expect the LL to be a bottomless pit of cash.

Changing the locks at this time feels like an overreaction, as you had collected the key and it was no longer sitting outside. It’s just more expense if he returns and changes it again, then you change when the tenancy ends…

toni2014

@Kim_13 This was his last message to me on the 28th, how would you interpret this...

hello, I'm xxx, I live at house number xx, friend, I'm sorry I can't come, and my father is still sick for a few days, but if you can, go to the house, check the blue bin, there's a copy of the book under the bin, I've covered it with a letter I took the bag and opened the door and took the rent on the table thank you.


His phone is off, I messaged him back immediately when he sent me the above to clarify what he exactly meant but no response received.

theartfullodger

You might see if you can assume an implied surrender has/is happened....
https://england.shelter.org.uk/professional_resources/legal/renting/how_a_tenant_can_end_a_tenancy/surrender_of_a_tenancy

bobster2

toni2014 said:

@Kim_13 This was his last message to me on the 28th, how would you interpret this...

hello, I'm xxx, I live at house number xx, friend, I'm sorry I can't come, and my father is still sick for a few days, but if you can, go to the house, check the blue bin, there's a copy of the book under the bin, I've covered it with a letter I took the bag and opened the door and took the rent on the table thank you.

His phone is off, I messaged him back immediately when he sent me the above to clarify what he exactly meant but no response received.

I agree the message doesn't make much sense but in very simple terms..

- You have a tenant whose rent payment is 11 days overdue.
- And is not contactable by phone.

You cannot lock a tenant out of a property simply because their rent is 11 days overdue. And tenants do not have an obligation to be contactable by phone at all times. Not being able to contact them right now also does not mean you have the right to lock them out.

toni2014

bobster2 said:

toni2014 said:

@Kim_13 This was his last message to me on the 28th, how would you interpret this...

hello, I'm xxx, I live at house number xx, friend, I'm sorry I can't come, and my father is still sick for a few days, but if you can, go to the house, check the blue bin, there's a copy of the book under the bin, I've covered it with a letter I took the bag and opened the door and took the rent on the table thank you.

His phone is off, I messaged him back immediately when he sent me the above to clarify what he exactly meant but no response received.

I agree the message doesn't make much sense but in very simple terms..

- You have a tenant whose rent payment is 11 days overdue.
- And is not contactable by phone.

You cannot lock a tenant out of a property simply because their rent is 11 days overdue. And tenants do not have an obligation to be contactable by phone at all times. Not being able to contact them right now also does not mean you have the right to lock them out.

I live around the corner so could easily return the key. I have also messaged the tenant stating I also have the key which was under the bin in my possession and to let me know whether he intends to return to let me know so I can give the key or to let me know if he does not intend to return.

Bookworm105

toni2014 said:

bobster2 said:

toni2014 said:

@Kim_13 This was his last message to me on the 28th, how would you interpret this...

hello, I'm xxx, I live at house number xx, friend, I'm sorry I can't come, and my father is still sick for a few days, but if you can, go to the house, check the blue bin, there's a copy of the book under the bin, I've covered it with a letter I took the bag and opened the door and took the rent on the table thank you.

His phone is off, I messaged him back immediately when he sent me the above to clarify what he exactly meant but no response received.

I agree the message doesn't make much sense but in very simple terms..

- You have a tenant whose rent payment is 11 days overdue.
- And is not contactable by phone.

You cannot lock a tenant out of a property simply because their rent is 11 days overdue. And tenants do not have an obligation to be contactable by phone at all times. Not being able to contact them right now also does not mean you have the right to lock them out.

I live around the corner so could easily return the key. I have also messaged the tenant stating I also have the key which was under the bin in my possession and to let me know whether he intends to return to let me know so I can give the key or to let me know if he does not intend to return.

then you have done what you can at this time and must now WAIT
11 days late and potentially dead father, you may not feature on his consciousness at this time for someone who has returned to his parent's country

read and follow the link given earlier for "tenant abandonment", you will soon  realise you have mightily jumped the gun = which is presumably the advice you came here for, no matter how much that upsets you 

housebuyer143

Do you know where he works? Not too encourage you to harass him but you could anonymously call and just say is xxx available? They will say no and then ask if they know when he's coming back. Suppose it depends what job he does as to whether that would work. 
If you do it and they say "xxx doesn't work here anymore", then you can probably assume he isn't coming back and can tailor your next actions to that.