Help Please

pope

Tennant texted a few days ago that he wanted me to come over to the property today. On arrival I knocked the door no answer I knocked again no answer the lights for the whole house were off. I phoned the tennant no answer I phoned again no answer I then got a text from the tennant saying the door is open. I was in shock and didn't know what to do i opened the door it was unlocked. The tennants had vacated. The keys were on the cuboard and a letter named to me. On opening it said.

I did not protect there deposit in a scheme. I did not take a deposit from them.

Electrical EICR checks were not done. Electric checks were done 

They reported damp and mould in the property and this has affected there children because they have asthma. The damp and mould was due to there life style not ventilating the property 

I did not do gas safety checks. They never gave me access to do this always had a excuse

I left them with out hot water and heating for 10 days. New boiler was installed within 10 of them reporting it was out of my hands.

At the bottom it's says we have passed this letter on to our solicitor and the council.

We have vacated as of today and taken our belongings with us.

They had been in the property for 7 years and they have left the property with some damage and also have left some of there belongings. I am really worried what will happen now any advice will be appreciated.

Thanks

user1977

A more specific subject line will help, almost everybody here is seeking some sort of help. 

Mr.Generous

Part of the new boiler install is a gas safe check - it should be certified as part of the install. The rest is just hot air. No deposit = no issue, if you have an electric safety report less than 5 years old then that's fine. Boiler failed - you have to do best you can, arrange repair or replacement, provide some alternative heating or offer a rent discount I guess. It took me at least that long to get my boiler changed at home, that's the way it goes. I'd guess from the fact they left it open remaining belongings have been abandoned. 

Take a breath, send email to tenant saying as left unsecure and notified leaving you will assume they have surrendered the tenancy. You probably have a case against them for not serving notice and damage, they are hoping that by making threats to you re council and solicitor you will leave them alone. The council aren't going to be able to investigate the house as it's yours with no tenant, and they have better things to do. If they really have a solicitor on the case they must have deep pockets.

Change the locks, decorate and re let. But you MUST do it by the book. Use an agent even if its just for a tenant finder, they will ensure you comply with all the rules - which will be changing later this year. 

koalakoala

I doubt they will do anything

pope

Mr.Generous said:

Part of the new boiler install is a gas safe check - it should be certified as part of the install. The rest is just hot air. No deposit = no issue, if you have an electric safety report less than 5 years old then that's fine. Boiler failed - you have to do best you can, arrange repair or replacement, provide some alternative heating or offer a rent discount I guess. It took me at least that long to get my boiler changed at home, that's the way it goes. I'd guess from the fact they left it open remaining belongings have been abandoned. 

Take a breath, send email to tenant saying as left unsecure and notified leaving you will assume they have surrendered the tenancy. You probably have a case against them for not serving notice and damage, they are hoping that by making threats to you re council and solicitor you will leave them alone. The council aren't going to be able to investigate the house as it's yours with no tenant, and they have better things to do. If they really have a solicitor on the case they must have deep pockets.

Change the locks, decorate and re let. But you MUST do it by the book. Use an agent even if its just for a tenant finder, they will ensure you comply with all the rules - which will be changing later this year. 

Yes I have the building Control certificate from GAS Safe which clearly says its been fitted by a Gas safe engineer. There are no other gas appliances in the house.

In fact the tennants reported the boiler is broken evening of new years day I had someone at the property first thing next day. A part was needed which took 3 days to arrive. But boiler could not be fixed on the the 7th day after that a new boiler was installed and yes I did offer them electric heaters which they refused at the time.

I'm little confused as they have written in the letter we have vacated as of today and taken our belongings with us. But have still left belongings behind like kids toys and mattresses and a washing machine.

What should I write in a email to them?

Solicitor wise what if they go to one of these no win no fee solicitors for damp I'm just really anxious I'm not a big landlord this is only my 1 property that I have.

I also don't have a forwarding address for them.

YBR

I wouldn't respond to the points that they are threatening you with.

You need to say that you confirm that you have received their notice and that they are liable for rent until the end of the notice period (as per tendency contract). You will be doing the usual end-of-tenancy inspection and will be in touch. Ask for a forwarding address for any mail.

You might want to do this after a full inspection with any damage you need to charge them for, say that if they don't contact you to remove their belongings in a reasonable period, you will treat them as abandoned and pass on any costs of disposal.

Read the energy meters (and water meter if you have one) and record.

As PP says, change locks, make good and re-let.

_Penny_Dreadful

First things first, take a deep breath. 

Take lots of photos of the property. Get it aired out and secured. 

Sadly you can’t just discard the tenant’s property that has been left behind as it’s protected under the Torts (Interference with Goods) Act 1977. Take an inventory of what the tenants have left behind. Contact the tenants using any method you have giving them a reasonable time frame, say 14 days, to come and collect their belongings and if they don’t you will dispose of what has been left behind. 

I wouldn’t worry about a no win no fee solicitor. No deposit therefore no penalty for not protecting something that never existed. To have any weight with either the council or a court for the mould issues the tenants would need evidence that they first contacted you about the mould which I’m doubting they did. 

Lack of gas safety certificates could have been an issue if the tenants had contacted HSE about it at the time. In future if a tenant won’t allow access for the annual gas safety inspection Section 21 them whilst you still can. If a Section 21 isn’t an option then you’ll need to go to court to gain access. 

Your goal is to get the property sorted and back on the market asap. 

pope

_Penny_Dreadful said:

First things first, take a deep breath. 

Take lots of photos of the property. Get it aired out and secured. 

Sadly you can’t just discard the tenant’s property that has been left behind as it’s protected under the Torts (Interference with Goods) Act 1977. Take an inventory of what the tenants have left behind. Contact the tenants using any method you have giving them a reasonable time frame, say 14 days, to come and collect their belongings and if they don’t you will dispose of what has been left behind. 

I wouldn’t worry about a no win no fee solicitor. No deposit therefore no penalty for not protecting something that never existed. To have any weight with either the council or a court for the mould issues the tenants would need evidence that they first contacted you about the mould which I’m doubting they did. 

Lack of gas safety certificates could have been an issue if the tenants had contacted HSE about it at the time. In future if a tenant won’t allow access for the annual gas safety inspection Section 21 them whilst you still can. If a Section 21 isn’t an option then you’ll need to go to court to gain access. 

Your goal is to get the property sorted and back on the market asap. 

In regards to the mould yes they did contact me. That there is mould on windows and around windows also a few spots of black mould on the ceiling. They requested new windows I kindly told them at the time that this is not going to be possible.  As they had admitted that they don't open windows wentilate.

Leaving someone's home abandoned and doors unlocked is not something which should not happen any body.

pope

I can take the readings for water and gas as well. But the electricity is prepayment originally it was not the tennants must of got it changed. 

The meter displays there is £10 in there how long will this last does it deduct money even if I dont use electricity like a daily charge!? 

How do I top it up?

pope

Any advice on how to get forwarding address for them for post etc?

noitsnotme

theartfullodger said:

Only 2 n's in tenant.  That as a landlord you can't spell it makes me wonder, are you really a landlord?

Best regards to all.

Oh give over.  Sometimes you are really not very helpful.  Perhaps English is not their first language.