Landlord - Did I act lawfully?

COLVILL

My tenant vacated my flat 4mns into a 1yr lease without notice and left filth and damage. I found out that he left from another tenant in another flat after I came back from holiday, that he had been gone for two weeks. He had paid rent up to the time he left but not for the two week period that I was unaware of him vacating the flat and for the remaining 7.5 mns. Was I lawful in entering the flat, changing the locks and removing all of his abandoned personal effects after repeated unsuccessful attempts to contact him by phone? There was evidence that he had additionally breached the agreement by smoking in the flat, keeping pets (2 dogs, a cat and a parrot) and damaging the ceiling by banging a broom handle on in to annoy the upstairs neighbour. Sorry to be nieve, but I am a new LL.

silvercar

Was I lawful in entering the flat, changing the locks and removing all of his abandoned personal effects after repeated unsuccessful attempts to contact him by phone?

At the very least, you should have put a notice in the window telling him that his goods were being stored with a contact phone number.

celyn90

I'm not sure, but I would have thought you were required to give him a notice period in writing as agreed in the contract before clearing the flat and to detail your intent to clear it if he didn't. I don't think phone calls would have been enough TBH. Are you sure he's gone for good?

Really sorry that you seem to have had a nightmare tenant.

COLVILL

The goods I am refering to constitute as the following:

Animal faeces in the kitchen sink on top of dirty dishes, crockery, etc. Soiled underware and other clothing left on the floors and in the cupboard. Cat litter all over the floor. Toilettries. Kids toys. Towels. Finance letters. Council Tax demands. Loan Repayment demands. Cigarette end and ash. Phone charger. And a whole load of litter.

I have kept of the kids toys and was planning to drop them off at the charity shop. What do you think? They are probably the biggest victim in all of this.

scope

I'd burn the stuff - the tenant gets no Sympathy from me.

subjecttocontract

Did I act lawfully

NO

Sorry to be nieve, but I am a new LL.

Thats no excuse.
You could have easily found out the correct process.

clutton_2

""Thats no excuse.
You could have easily found out the correct process"

so what is the correct process then ?

subjecttocontract

clutton wrote: »

""Thats no excuse.
You could have easily found out the correct process"

so what is the correct process then ?

1. First Rule. Be careful.
2. Do not inadvertently take unlawful possession. If you did take reasonable steps to ascertain if the property was abandoned or not, you will be fine.
3. Check the obvious things like telephone numbers you may have and asking neighbours if the tenant has been seen or herd recently. Post a letter (by hand preferably) making an appointment to inspect the premises giving a date and time, stating that if that if not convenient, to contact you immediately.
4. Attend the property. Assess what you can without entry. If no contact or response post second letter stating that you intend to enter the premises on a specific date (always keep copies of everything you publish).
5. Visit on that day and enter. Look at things like the post marks of mail collecting on the floor or is the bed still warm and the kettle hot.
6. Be satisfied that they are not simply on holiday (So do not do any of this for at least 28 days). If you are convinced they have gone for good, post a Notice on a wall nearby (preferably not obvious to every Tom !!!!!! and Harry walking by, or you could end up with squatters) stating that : “The landlord has changed the locks to secure these premises believing them to have been abandoned. Any person believing that they have a lawful right to enter the premises should contact the landlord on the following number..999................ and if agreed, new keys will be provided.”
You can post the notices on the inside of all exit doors and state that locks will be changed 14 days later. That way only people with keys can read the notice and you avoid potential squatters.
7. If they turn up, don’t mess about. Give them the new keys immediately, whether you like it or not. If you don’t, you will be in deep trouble. If you don’t like it, start the usual long winded court approach.
http://www.landlordzone.co.uk/grounds_for_possession.htm
http://www.landlordadvice.co.uk/html/section_21.html
8. In the circumstances, it is unlikely you would be slapped by the court, because you took due care. If you were right, you will hear nothing and save months of messing about serving documents on a ghost. If you were wrong you say oops! and buy flowers and a bottle. "Without Prejudice" naturally

CHR15

COLVILL wrote: »

and damaging the ceiling by banging a broom handle on in to annoy the upstairs neighbour.

Could be more a case of the upstairs tenents being so noisy he had enough and legged it.

Lets face it! who on earth bangs on the ceiling to ANNOY the upstairs tennants???