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Tenant moved out (overseas) with no notice during fixed term
Comments
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The European justice website states there are no court fees in Spain for using the European Small Claims Procedure, so it may be worth pursuing if I can get their address (depending on cost of tracing).
I have WhatsApp messages only. Firstly stating they've left and secondly that they will not be returning.
You need to get it in writing ideally your tennat has given their tenancy up. Texts do not count.
I fyou send post do it via by proof of posting, not recorded as no one will sign for it
Otherwise apply for possession of your property but you need to follow due process, You can't just turn up and take it over. The Tenant could change their mind and come back for all you know.
https://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0 -
You need to get it in writing ideally your tennat has given their tenancy up. Texts do not count.
I fyou send post do it via by proof of posting, not recorded as no one will sign for it
Otherwise apply for possession of your property but you need to follow due process, You can't just turn up and take it over. The Tenant could change their mind and come back for all you know.
https://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4
There are a number of fairly bold statements there. Do you have anything to back them up? For example, you say that the messages on WhatsApp do not count. Why?
These messages are fundamental to the issue, as they make it clear that the tenant has ended the tenancy.No reliance should be placed on the above! Absolutely none, do you hear?0 -
Send them a Deed of Surrender and ask them to return it signed and witnessed. Include within the Deed a clause that the deposit is forfeited. You can then consider the tenancy ended and market and re-let the property.
Keep the deposit. In your letter/ email, explain that this will end their liability, and mean they avoid ongoing responsibility for rent as well as future legal action. Wish them a speedy recovery.
Forget about legal action, CCJ, etc - just not worth it.
The quicker you get a clean break and start anew with a new tenant the better.0 -
There are a number of fairly bold statements there. Do you have anything to back them up? For example, you say that the messages on WhatsApp do not count. Why?
These messages are fundamental to the issue, as they make it clear that the tenant has ended the tenancy.
a signed agreement that the tenancy surrenders their tenancy is pretty clear cut with the signature of the passport holder as evidence, while a text is a grey area.
I am sure more learned people on here will be able to clarify."It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0 -
Why should the tenant do anything.... All they will want is there deposit back.
You take them to court and even if you win there is no guarantee you will get any money. Just lucky they did not trash the place.
ALWAYS expect the worst from a tenant, then maybe you wll not be let down or disappointed.
keep the deposit and get it rented out again as soon as pos. that's your best bet.0 -
have you perhaps overlooked that winning the case is not the same as getting the moneyThe European justice website states there are no court fees in Spain for using the European Small Claims Procedure, so it may be worth pursuing if I can get their address (depending on cost of tracing).
you may win, but you still have to enforce the judgement.
The court will not pay you, you have to make the loser pay you, that could mean baliffs, or whatever Spain uses. Time and more upfront cost on top of tracing costs and I have no idea if the court will award such costs of top of your claim
see post #14 from G-MI have WhatsApp messages only. Firstly stating they've left and secondly that they will not be returning.0 -
Send them a Deed of Surrender and ask them to return it signed and witnessed. Include within the Deed a clause that the deposit is forfeited. You can then consider the tenancy ended and market and re-let the property.
Keep the deposit. In your letter/ email, explain that this will end their liability, and mean they avoid ongoing responsibility for rent as well as future legal action. Wish them a speedy recovery.
Forget about legal action, CCJ, etc - just not worth it.
The quicker you get a clean break and start anew with a new tenant the better.
It’s obvious that the tenant won’t sign the deed. So, how does sending it help?
Edit: I obviously cannot be sure about that, and I'll look pretty foolish if the OP does send the deed, and the tenant signs it. But the point is that the tenant is off back home, and he clearly doesn't care what chaos he has created. So, why would he cooperate?No reliance should be placed on the above! Absolutely none, do you hear?0 -
It is extremely unlikely they will come back. Re let your property and keep their deposit. Live is too short for what if …..."A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
Ride hard or stay home :iloveyou:0 -
If the tenant has moved out and therefore there is nobody living in the property, then why waste money on sending a recorded delivery letter when there will be nobody there to sign for it?
Simply ask the post office for proof of posting, which is free.
Have you also looked into reading the meters - gas, electric, water - when you officially regain possession, and also the situation with council tax as well?0 -
Send them a Deed of Surrender and ask them to return it signed and witnessed. Include within the Deed a clause that the deposit is forfeited. You can then consider the tenancy ended and market and re-let the property.
Keep the deposit. In your letter/ email, explain that this will end their liability, and mean they avoid ongoing responsibility for rent as well as future legal action. Wish them a speedy recovery.
Forget about legal action, CCJ, etc - just not worth it.
The quicker you get a clean break and start anew with a new tenant the better.
How do you send them something to sign if you have no address?I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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