Tenant uncontactable

AskAsk

toni2014 said:

AskAsk said:

"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."

That translates to be, that he has put the key in an envelope and put it under the bin and he has left the rent money in a bag on the table in the house for you.

I am pretty good at translating garbled messages by way, don't me why, ha ha.

So if you have found the key then you are missing the rent money as his message states that he has left the rent on the table in a bag for you.

Either he is lying and making the story up so that he can say you actually took the money (or to buy more time to pay the rent), or that someone has already been in the house and spotted the money in the bag and took it.

Thats how I read it too, although the key was underneath a scrap piece of cardboard underneath the bin. Looked on top of the table and underneath no bag was found with the rent money.

Just remembered there is a dining table in the other room, so worth checking if he has placed the money on the chairs or something....

next time ask him to message you in Lithuanian and you can use google translate to translate his message.  Hopefully it will be better than his attempt at garbled English!  He obviously has never heard of google translate.

BikingBud

horsewithnoname said:

BikingBud said:

horsewithnoname said:

toni2014 said:

horsewithnoname said:

Maybe his father has died and he’s got things on his mind other than you. Can you not show a bit of decency for a couple of months?

Yes I would but it isn't helping switching your phone off and not responding to my text messages. As soon as he sent the text message to me I immediately responded back to him, so I would have expected a response but didn't receive one which doesn't help.

Might have more important things on his mind just now and not thinking particularly rationally. 

Give the guy a break for a while; granted he’s not behaving as he should, but he does have reason for that. 

He claims to have a reason for that, quite a difference.

I hope you are treated with more compassion, should you need it, than you clearly treat others. 

I haven't treated anybody in any manner.  I am merely stating that everybody jumping to the tenants defence when we have no knowledge about the veracity of the claims.

I am sure we all know people that have mislead with falsehoods to not attend work, throw a sicky etc. People will tie themselves in all sorts of knots to avoid difficult situations but it often only aggravates what might have originally been quite straightforward and reasonable. 

The OP came for advice, that advice might cover both ends of an extreme spectrum and many other possible scenarios in between. I just feel overbearing compassion should be balanced with a modicum of circumspection. 

BikingBud

HHarry said:

[Deleted User] said:

The key was left insecure and the new key is readily available so its a non-issue. A landlord taking this step to secure his property in all the circumstances is reasonable in my opinion and I would be happy to argue it in court.

I say this as a cautious person. In not dissimilar circumstances I undertook the full court process to officially evict a tenant. And it was much more obviously an abandonment than this.

 Have to disagree.  The new key isn’t readily available if the Tenant flies home at 3am and wants to get home to bed.

 Also I don’t think you get to dictate whether or not they can leave a key out.  In more normal circumstances they might have a friend popping round to help themselves to something.  If they get burgaled after leaving a key out that is their problem.  If the property gets trashed because they left a key out that’s their problem and would get identified at check out.

I completely understand why you want to do it - I just don’t think you have authority to do it.

Until its your problem because they are not coming back.

I normally have very little time or empathy with LL but in this instance I feel it is entirely reasonable to protect your asset. As would any insurance policy that required them to mitigate their losses.

If the tenant is intending on returning then it would be entirely reasonable that they switch back to their UK SIM, at that point messages will be downloaded including the OP's message about the property being secured and how the tenant may retrieve the key. 

I've messaged him again stating I have the key in my possession from underneath the bin and to let me know when he intends to return so I can give him the key back at the same time I've also asked if he could let me know if he doesn't plan on returning 

Marvel1

BikingBud said:

HHarry said:

[Deleted User] said:

The key was left insecure and the new key is readily available so its a non-issue. A landlord taking this step to secure his property in all the circumstances is reasonable in my opinion and I would be happy to argue it in court.

I say this as a cautious person. In not dissimilar circumstances I undertook the full court process to officially evict a tenant. And it was much more obviously an abandonment than this.

 Have to disagree.  The new key isn’t readily available if the Tenant flies home at 3am and wants to get home to bed.

 Also I don’t think you get to dictate whether or not they can leave a key out.  In more normal circumstances they might have a friend popping round to help themselves to something.  If they get burgaled after leaving a key out that is their problem.  If the property gets trashed because they left a key out that’s their problem and would get identified at check out.

I completely understand why you want to do it - I just don’t think you have authority to do it.

Until its your problem because they are not coming back.

I normally have very little time or empathy with LL but in this instance I feel it is entirely reasonable to protect your asset. As would any insurance policy that required them to mitigate their losses.

If the tenant is intending on returning then it would be entirely reasonable that they switch back to their UK SIM, at that point messages will be downloaded including the OP's message about the property being secured and how the tenant may retrieve the key. 

I've messaged him again stating I have the key in my possession from underneath the bin and to let me know when he intends to return so I can give him the key back at the same time I've also asked if he could let me know if he doesn't plan on returning 

Let's hope OP is available 24/7 to hand over the key.

BikingBud

Marvel1 said:

BikingBud said:

HHarry said:

[Deleted User] said:

The key was left insecure and the new key is readily available so its a non-issue. A landlord taking this step to secure his property in all the circumstances is reasonable in my opinion and I would be happy to argue it in court.

I say this as a cautious person. In not dissimilar circumstances I undertook the full court process to officially evict a tenant. And it was much more obviously an abandonment than this.

 Have to disagree.  The new key isn’t readily available if the Tenant flies home at 3am and wants to get home to bed.

 Also I don’t think you get to dictate whether or not they can leave a key out.  In more normal circumstances they might have a friend popping round to help themselves to something.  If they get burgaled after leaving a key out that is their problem.  If the property gets trashed because they left a key out that’s their problem and would get identified at check out.

I completely understand why you want to do it - I just don’t think you have authority to do it.

Until its your problem because they are not coming back.

I normally have very little time or empathy with LL but in this instance I feel it is entirely reasonable to protect your asset. As would any insurance policy that required them to mitigate their losses.

If the tenant is intending on returning then it would be entirely reasonable that they switch back to their UK SIM, at that point messages will be downloaded including the OP's message about the property being secured and how the tenant may retrieve the key. 

I've messaged him again stating I have the key in my possession from underneath the bin and to let me know when he intends to return so I can give him the key back at the same time I've also asked if he could let me know if he doesn't plan on returning 

Let's hope OP is available 24/7 to hand over the key.

The message would support that assertion, "let me know when he intends so I can give the key back at the same time"

There is much less ambiguity in the OP's messaging than the cryptic offering from the tenant.

toni2014

Just to update this thread...

The tenant has not been in touch since October when the rent for October was due, November rent is now overdue. So the tenant is 2 months in arrears.

In light of the above, could I serve a section 8 notice? Would this be valid/enforceable given that the tenant is uncontactable and not in the property?

GDB2222

Yes, it is absolutely normal to serve any notices at the property in question. 

Murphybear

theartfullodger said:

MCT56 said:

My second post on this topic. Is there anything in the rental agreement allowing the tenant to change the locks without the landlords permission ? There is in mine - it’s not allowed and neither is making spare keys, lending them out, or leaving them under bins for anyone else to find. 

So what will you do if a tenants breaches any of these conditions?  Evict them s8g12 breach of contract?  No judge would grant an eviction for eg making a key copy would they.

Tenant might take notice but knows they can ignore .. Been a landlord long?

The law allows the tenant to change the locks without telling the landlord.  The clause in your contract is unenforceable.  There’s a saying we learnt about in landlord/tenant law - “statute overrides contract”.  In other words you cannot sign away your rights.  

We were also told that if the tenant changes the locks they should give the landlord a key.  Yes, I know that may sound daft as one of the main reasons tenants want to change the locks is because the landlord enters the property without permission or just cause ie they suspect there is a leak/flood/fire etc.  However if this happens and the tenant is not around and the landlord has to break in the consequences can be unthinkable. 

km1500

km1500 said:

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

the tenant is not coming back

user1977

Murphybear said:

one of the main reasons tenants want to change the locks is because the landlord enters the property without permission or just cause ie they suspect there is a leak/flood/fire etc.  However if this happens and the tenant is not around and the landlord has to break in the consequences can be unthinkable. 

If there's a leak/flood/fire, is it not more likely that somebody else will have kicked the door in before any keyholder turns up? Surely it's the damage caused by the leak/flood/fire which is more likely to be "unthinkable" than having to fix the door?