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Abandoned tenancy?

Started by Mkl07, May 16, 2023, 12:00:27 PM

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Mkl07

Hi all,

I'm suspecting that my tenant has abandoned the property. How should I proceed?

The tenant is late with the rent payment, it was due at beginning of this month. We also had a house inspection booked to which the tenant hasn't turned up (we did not arrive with the keys so we didn't enter the property). The tenant has also gotten quite since a few days before the inspection.

Also, there's an outstanding bill which hasn't been paid and unfortunately, I'm responsible for it as a landlord so that adds to costs if the tenant did I'm fact leave the property.

I've sent yet another email and text asking for contact from the tenant, I'm currently outside UK do sending a letter isn't ideal. I will be back next week so I'm hoping to give the tenant 48h notice via email for the house inspection and this time enter the property if no ones there.

I don't know what state the property is in but I was informed there's rubbish in back garden, long grass, visible plans in windows haven't been watered, some sort of furniture left downstairs broken which is visible through the door.

If I enter the property and all of the tenants belongings are not there at which point it's clear they have left, can I go ahead and change the locks and start clearing up after? The tenancy agreement ran out a long time ago so we were on "rolling" basis, I was going to offer a 2 year extension once everything was fine after inspection. Do I still need to go to court? I would rather avoid months go by with no rent..

Thoughts?

jpkeates

Althoughsome people claim that there is, there is no risk free process to repossess an abandoned property. If you don't go to court to end the tenancy using bailiffs (which ends the tenancy legally and properly) any retaken possession has some risk.
So what you can do depends on your attitude to the risks involved.

If your tenant rocks up and demands their home back, or threatens to take you to court to compensate them for losing their home, what would you do?

boringfrog

Quote from: jpkeates on May 16, 2023, 02:39:15 PM
Althoughsome people claim that there is, there is no risk free process to repossess an abandoned property. If you don't go to court to end the tenancy using bailiffs (which ends the tenancy legally and properly) any retaken possession has some risk.
So what you can do depends on your attitude to the risks involved.

If your tenant rocks up and demands their home back, or threatens to take you to court to compensate them for losing their home, what would you do?

I think if the OP turns up to an empty property and is owed rent the risk of taking back the property is minimal.

heavykarma

I had this situation a couple of times,and following legal advice I posted a carefully worded notice on the front door.I can't recall the details,so maybe this is no longer the correct method.In any case,if you find the place has been cleared of personal belongings and the tenant refuses contact I would feel the risk was worth taking,and would change the locks after say a couple of weeks.Do of course take photos,and records of your attempts to speak to them. The neighbours could be useful in telling you more.Good luck,and remember I am not a lawyer,but I think I am a realist.