UK Landlord Forum / Life

I am a first time Landlord who has been renting my previous residence to someone for the last 3 years. This person is on a rolling contract, has been 12 days in arrears and been ignoring my texts phone calls and answer phone messages since rent due date. I caught her late on Saturday by chance with a white empty van (Back open) with the front door of the house open also. (This was my opportunity to converse) I knocked on and spoke to the tenant and she refused to speak as upset apart from "I cannot talk/do this right now I speak to you later". I said "just please let me know what's happening with the rent. Be honest your leaving now arn't you" to which she replied "yes I have to". I asked "could we speak for just 5 mins". She said again "I carn't now". I said firstly "if you need to go/leave that's fine but will you be gone tonight". She said yes. I said do me one thing will you post me the keys tonight when your finished, I also said I hope all is well and I wish her luck". She said "yes I promise I will post keys later tonight" I was due to go out for the evening/night so went out. I phoned her in the morning. No answer and text to ask if she had finished and if I can enter the house this morning (Sunday) and no reply.
I tried entering the property via the front door but the Yale has been changed. I went round the back and luckily I have a back door key. I find nobody is home and inspect the property with my wife.
The house smelt of cigarettes in every room with hundreds of dimp's throughout. We find Dog Feces all over the house and smeared into bedroom carpets with other dried pieces present, one bedroom door hanging by single hinge with the door frame heavily bust. Boiler cabinet door in toilet hanging by single hinge. Carpet at top of stairs damaged most likely by the 10 week old puppy I have a picture of from her Facebook saying her daughter hasn't a clue she was getting after school a few months back (nor did I the landlord)
Months and months of black bin bags in back yard were scattered.
The kitchen drain was blocked outside and filthy water left in kitchen sink.
Decorating has been done throughout without written permission and quite imaginative/colourful. More decor was very neutral and to a good standard when inventory was agreedThe ceiling is damaged downstairs by still present lap dance pole and one other place in the dining room. Ceiling also damaged in one of the bedrooms which I suspect water damage so I phoned the police as I needed to report what I saw as criminal/intentional damage with the suspicion of drug activity in the loft as I knew my landlords insurance would need informing for a claim I thought a police ref number would be required.
The police attended and inspected the loft and although plastic angle tent pegs and stretchy ventilation tubing was present no smell or further evidence was found. They said as she was leaving to secure the property and either keep/throw the remaining things or sell them to recoup some outlay.
Later that afternoon I receive a text from tenant saying I will move remaining things and pass me the keys. I replied that as it has been impossible to contact her I had entered the property and I was gutted at the state of the house. No reply for a few hours then at 9pm I get a phone call saying I have illegally entered the property to which I replied the police are aware I was in. They said so have the police then. They (her and her mum) say they was going to collect the remaining things and sort the house out before handing the keys in. They said I was being like this to avoid giving deposit back and it was a scam by me to avoid paying the deposit back to which I informed them I had pictures of each concern. Her mum said maybe we say you've entered the property on other occasions and been harassing my daughter to which I replied well we know that isn't true and surely her daughter would confirm that. They said they will be seeking legal advise and it's going to cost me. They said maybe they will bust the door open to get back in. I have updated the police/call reference. Her mum said on the call that I have probably taken some of her things and don't intend on returning them. I have since text to say I don't have a problem returning her items either by her ex/father of kids who has offered to collect remaining items and clear the mountains of rubbish in and out of the house. Or as an alternative have an agreed allotted time by the police to allow the save removal avoiding confrontation and further damage. I also said I have a signed copy of the origional tenancy agreement and signed inventory. Waiting to hear a reply.
I am stressed and slightly  concerned of any repercussions from her dodgy friend/family.
Has anyone had similar experience and have I done anything wrong from my account of things. (Long story but trying to get as much detail as possible)

No expert here, but from what I can see her tenancy was still live and you had no right or permission entering the property.

On the face of it, even though the Tenant has departed with many of their possessions, it seems like the tenancy is ongoing. The Tenant has not served you notice, or signed a Deed of Surrender or returned the keys to you - all of which would be very good indicators (cast iron) that the tenancy was ended.

So, if the tenancy is ongoing you probably have little to no business going in the property in the manner that you have described. I think it's a good thing that you have some records with the Police.

In this kind of situation, where the potential negative consequences for you are greater than they are for your [ex-]Tenant, I would try to take a step back and figure out what you can do that will allow you to get a clear indicator that the tenancy is ended. The Tenant may want their deposit back (very likely), they'll want their remaining tat (sorry, belongings) back.

Just be careful... accusations of harassment and illegal eviction are annoying to say the least. While your actions could be described as reasonable, I'm wary to advise you to just carry on - I would, instead, urge you to see if there is a way this immediate issue of whether the tenancy is live or not can be brought to a conclusion through pragmatic means (giving the [ex-]Tenant what they want?)... when the dust has settled, you can take a deep breath and decide how to proceed.

Issue #1 - get that tenancy formally ended.

I have received a text late the next day saying she needed her last few items then she would post the keys. This indicates intention to leave without giving a notice period. I had already been into the property as I was assured when I caught her red handed leaving that she would be clear of the house that night.
Things like smoking, pets, refuge build up in garden. These are breaks in conditions of contract but from this I guess they still require. Eviction/notice period issued?

A text message saying the Tenant would return the keys is clearly not the same as the Tenant actually returning the keys, is it? Especially if they didn't return the keys. What kind of justification of the tenancy being ended is that?

"Oh, the Tenant said they would return the keys and I assumed the tenancy would be ended by that action." - "Excellent, sir. Now, when do you say the Tenant returned the keys?" - "Well, they didn't actually return the keys - but I still assumed the tenancy was ended anyway, due to their text message, you see?" - "I see."

Be wary of advice from a forum especially my own.
Always do your own research.

Manu.
1. The tenancy is on going.  You have no business to be in their home.
2. It is unlikely the police we aware / care about the civil matter regarding the tenancy and were reacting to the call on the drugs.  Inadvertently this could play out in your favour in front of a judge in case you are asked to explain what you were doing in the house. (Any neighbours that could perhaps help your case?)
3. According to the law you cannot simply dispose or sell her property without serving proper notices and waiting to see if tenant collects so don't make things worse by dumping things that aren't rubbish.
4. You must apply for a possession order (hopefully you can by section 21) otherwise section 8. 
5. I'm afraid until you do get a possesion order you need to be careful about access of the property because the tenant is being a pain.  If they have moved on then it's unlikely they will know when you will access the property again and so whilst technically not legal you could get an insurance assessor in asap.
6. The tenant clearly knows they will not get their deposit back so they are making threats in defence and using is your access as a nice line of attack, but one entry when they removed their possessions and when you thought there was a drug factory upstairs and she told you she was moving out is hardly grounds for harassment - perhaps technical trespass, but whilst it is unlikely such a tenant will on their own possess the nous to raise a case but these days the no win no fee brigade are out in force. 
7. Many landlords enter the tenants premises to carry out maintenance without permission - I do not at all condone such behaviour and in my view it is totally wrong but if there is a clause in your tenancy agreement allowing access for the landlord or his agent/contractor then you could claim the tenant gave you permission (this is a very grey area indeed) and thereby MAYBE avoiding the whole trespass issue as you entered for maintenance assessment.

Basically you shouldn't have done what you have but in the circumstances your intransigence IMHO (and I'm not the judge you may face) is not significant.

Best of luck.

UPDATE.... Her Ex had been give prior knowledge of her intention to leave and was invited to go into the house via text. He had keys to get anything he wanted as a lot of the kids stuff was still in the house and he has taken them of her because of her neglect and alcohol abuse.
He said he'd bring a van and clear the good and the bad out of my property. Once the other half goes tomorrow I will change the locks and I have a landlord insurance assessor due on Wednesday morning.
I joined Which Legal today and spoke to a Lawyer this afternoon. He heard my full story and suggests her intention to remove a few more items proves she wasn't forced out and wasn't offering any notice so this would go in my favour.
I am not worried about getting the keys back as new locks will be fitted before weekend. I think my ex tenant is full of hot air and empty threats. Time will tell on this though. I will live and learn from my mistakes when choosing a new tenant and will follow the rules myself in future.

Always advisable to follow them there rules.

More advisable to know the rules in the first place...