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moonlight tenant gone!

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  • MoneySavingMission
    MoneySavingMission Posts: 220 Forumite
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    surely though the tenant abandoning the property is in breach of the tenancy?
    Anybody know the law for Scotland? I have evidence from the police.
  • G_M
    G_M Posts: 51,977 Forumite
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    MoneySavingMission wrote: »
    surely though the tenant abandoning the property is in breach of the tenancy?
    Anybody know the law for Scotland? I have evidence from the police.
    He might go on holiday.

    He might meet a new girl, & move in with her with all his stuff - does not mean the tenancy ends, and if things don't work out he might want to move back.

    Not sure what "evidence from the police" means. That the property is empty? That he is living/working now on the Costa Del Sol? That he's in prison? Remember, the police are not familiar with civil law so are not experts (far from it!) on how a tenancy is ended.
  • MoneySavingMission
    MoneySavingMission Posts: 220 Forumite
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    He has supposedly moved - police called a family member also who confirmed he has moved elsewhere. Police confirmed it's empty.

    so what options do I have then?
  • scottishblondie
    scottishblondie Posts: 2,485 Forumite
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    You have to follow the legal process, you cannot simply take the property back. See here. If in doubt hire a solicitor - better to spend the money to get it right than have to defend yourself in court.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    What kind of tenancy is in place? Short Assured Tenancy? Assured Tenancy? Private Rental Trnancy?

    Is the tenant in arrears?
  • GrumpyDil
    GrumpyDil Posts: 1,621 Forumite
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    And you really do need to answers the questions to get proper advice, otherwise anything is just a guess based on half a story.

    Think of it in the same way as if you were consulting a legal adviser. They would not give advice without knowing the full story.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
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    MoneySavingMission wrote: »
    He has supposedly moved - police called a family member also who confirmed he has moved elsewhere. Police confirmed it's empty.

    so what options do I have then?

    Follow commonsense - he's obviously gone/the police confirm he's gone/family member confirm he's gone.

    Re-let the place immediately. Whatever the law says - said defaulting tenant is most unlikely to have the nerve to try and move back in again. Meanwhile - you need to minimise your losses - as it's rather unlikely you'll be able to get the money he owes you out of him.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    edited 8 May 2018 at 1:55PM
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    moneyistooshorttomention wrote: »
    Follow commonsense - he's obviously gone/the police confirm he's gone/family member confirm he's gone.

    Re-let the place immediately. Whatever the law says - said defaulting tenant is most unlikely to have the nerve to try and move back in again. Meanwhile - you need to minimise your losses - as it's rather unlikely you'll be able to get the money he owes you out of him.

    There's nothing commonsense about your proposed approach at all. The police might think the tenant has abandoned the tenancy, a family member might think the tenant has abandoned the tenancy but crucially the tenant hasn't said one way or the other and by changing the locks and re-letting the property the OP faces criminal charges for illegal eviction rather than just being out of pocket. Let's not forget that landlords in Scotland must be deemed as fit and proper by the council(s) in which the rental properties are based, and a landlord with a criminal conviction for illegal eviction would be neither fit nor proper so the OP could risk the required landlord licence(s).

    [STRIKE]A more sensible approach would be for the OP to send written notice, called an abandonment notice, to the tenant stating that (s)he thinks the tenant has abandoned the property. This should be sent to the tenant's last known address (rental property). The notice must give the tenant at least four weeks to let the OP know that the tenant is still living there, or that the tenant is staying away temporarily but intends to return.

    During the four week notice period, the OP must make inquiries to find out if the tenant has left the property. For example the OP can:

    * ask the neighbours if they have seen the tenant recently
    * contact the tenant's family to see if they know where the tenant is
    * check with the tenant's employer that the tenant is still working in the area
    * check that the tenant's children are still registered at the same school (if applicable)

    If, at the end of the four weeks' notice the tenant has not contacted the OP, and the OP has finished carrying out inquiries, the tenant can then be served with another notice stating that the tenancy has been ended.[/STRIKE]

    Edit: Only applies to council tenants.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    OP, you already own multiple rental properties and plan on increasing your property portfolio. I suggest that you join a landlords' association and take a few courses or a tenant doing a moonlight flit might be the least of your worries.
  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
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    moneyistooshorttomention wrote: »
    Follow commonsense - he's obviously gone/the police confirm he's gone/family member confirm he's gone.

    Re-let the place immediately. Whatever the law says - said defaulting tenant is most unlikely to have the nerve to try and move back in again. Meanwhile - you need to minimise your losses - as it's rather unlikely you'll be able to get the money he owes you out of him.

    You couldn't make it up. :doh:
This discussion has been closed.
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