PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.moonlight tenant gone!
Comments
-
MoneySavingMission wrote: »nothing special about me but don't want to put personal info that can be identified in a legal situation.
Only asking for help in a rather stressful situation.
Yes, in Scotland. Police have confirmed once they've checked on it that it's been emptied. No notice provided - should have been 2 months. in a fixed term rental agreement previously.
do I need to persue possession order? Police said tenant has broken tenancy. Can I change the locks now?
As others have said, uncertain legal position if you assume they've gone. As you say previously fixed term I assume it was a tenancy started before 1st December 2017 otherwise it would have to be a PRT: I hope & trust it was an SaT and you got ALL the paperwork right. Any deposit? Protected correctly? What do your insurers advise you should do - you have insurance?
I assume you mean the tenant appears to have done a moonlight-flit.
Best option is to try & get you AND tenant to sign one of Scottish Association of Landlords "Mutual agreement to end tenancy" documents.
Advice: Join SaL, use their documents and free-to-members telephone advice-line & meetings and do the **free** Landlord Accreditation Scotland courses.
If you think education is expensive, try ignorance: Or are you, perhaps, ahead of me on that matter....
Also inform council housing dept of tenant's history in case tenant is trying to gain scarce council housing.0 -
My friend had this in England with one of her properties. She tracked the tenant down, remained calm, drafted a letter and sent with a SAE to say she (the tenant) confirmed that they had mutually agreed to end the tenancy and that she would not be returning to collect anything left at the house, and that was that. Thankfully no harm done - there was enough stuff there to sell and recoup the money my friend was out of pocket for.
No idea if it's the same for Scotland - but at least it gives you an option to ask a solicitor about.2023 wins: *must start comping again!*0 -
This happened to us a few years ago - England. We used to let through an agent who got back the deposit which the tenant had paid when they moved in. It was all properly signed up via an AST. Then we just drew a line under it and cut our losses - and got a new tenant. There had been no damage to the property and we didn't want the stress of tracking them down.0
-
can't track the tenant - no forward address and not responding to calls.
Yes, I have a full signed tenancy document. No agent.
Can I change the locks for security? I'm aware that he had given a key to a friend in the event of deliveries etc - I can't risk other people letting themselves in. Any impact of doing this?
If anybody has applied via court action lawyer to regain possession and force tenancy end, can you please tell me how long this process took and the associated financial cost?0 -
I can't believe the wide range of opinion on course of action to take!0
-
Also yes, deposit was protected under guaranteed scheme - i'll be applying for that to be refunded to me!0
-
As in post #7, that would seem to be ok as long as you're prepared to hand over the new keys to the tenant if they turn up before you've terminated the tenancy properly.MoneySavingMission wrote: »Can I change the locks for security? I'm aware that he had given a key to a friend in the event of deliveries etc - I can't risk other people letting themselves in. Any impact of doing this?0 -
The reason you're getting mixed opinions is because on the one hand, the law affords your tenant a LOT of protection that comes at your expense; on the other hand, the tenant is highly unlikely to make use of any of it. So you have a choice to make between following the law and thereby incurring significant extra expense but no risk, or taking shortcuts that will probably be absolutely fine but run the risk of landing you in hot water. Posters here vary significantly in their levels of risk aversion. Those who've seen a few of my posts will be unsurprised to hear me say I'd personally go for option #2; I'm equally unsurprised by some of the people recommending option #1
0 -
MoneySavingMission wrote: »can't track the tenant - no forward address and not responding to calls.
Yes, I have a full signed tenancy document. No agent.
Can I change the locks for security? I'm aware that he had given a key to a friend in the event of deliveries etc - I can't risk other people letting themselves in. Any impact of doing this?
If anybody has applied via court action lawyer to regain possession and force tenancy end, can you please tell me how long this process took and the associated financial cost?
Again.....what kind of tenancy? Short Assured, Assured or the new Private Rental?MoneySavingMission wrote: »I can't believe the wide range of opinion on course of action to take!
I can't believe a landlord with a number of properties doesn't already know what course of action to take.
0 -
it's a short term assured tenancy.
I'm only asking for experiences of others who have been in this exact position as it's the first that I have.
if I go for the full court action, how long should this take and does anybody have an idea of cost?
For the tenant to persue me, this would involve legal costs for them also which is not realistic.
this evidences the balance of power between a landlord and a tenant - it is my property. this has been an abuse of trust and conduct by my tenant.0
This discussion has been closed.
Categories
- All Categories
- 343.1K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.6K Spending & Discounts
- 235.2K Work, Benefits & Business
- 607.8K Mortgages, Homes & Bills
- 173K Life & Family
- 247.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards