SMF - Just Installed!

property abandonment??? help plzz xxx

Started by cherryb30, July 17, 2012, 08:18:56 AM

Previous topic - Next topic

cherryb30

Advice plz..
on 06.01.2012 had two tenants move in on a shorthold agreement for 6 months. they have been trouble from the start, deposit and rent in advance never paid, i know bad move but this was not planned they are just bad with money and payments. since the beginning they have repeatedly missed rent and been late and built up large arrears. I have been attempting to collect payments but to no avail, prior agreement to attend property to collect money found no one there to be advised by several neighbours they had moved out?? found out where they had gone to and approached them to be met by very hostile threatening behaviour, they have made several attempts to find fault with my house which i have always solved without arguement.
They have refused to give me keys back, went to the property today to find that they have changed my locks!!
Their new landlord contacted me today after finding my number through friends of friends and thanked me for my excellent reference for them!! shocked to say the least refused to give them a ref 4/5 weeks ago so clearly they have fraudulently made their own, told the new landlord this which she obviously approached the tenants to which a torrent of abuse to me has followed by them.
So now im stuck?? have no keys for my property, refusal by them to give me keys and now they will not respond to me? They have a few items in the house still but its clearly abandoned? They are out of their fixed term it ended 06.07.2012. I realise that im unlikely to get the arrears back from them but now all i want is my keys or possession of my house back, i have just been told that they make a habit of moving around owing money all over the place and that they tend to go back into properties and smash them up? im trying to avoid this obviously but trying to stay on the right side of the law as well?

plzzz help me

Topseyt

#1
They sound fraudulent, not to mention very threatening.   :o   It makes me wonder whether or not they used the property for any illegal purposes, or if they hope to claim some sort of squatters' rights.  Have you considered an approach to the police to see whether or not they know these people?  I think I would consider doing that (without telling the "tenants" of course), and not least because I think you maybe need advice on how best to protect yourself.  You certainly need some proper legal advice.

Did you give official notice during the tenancy that it would not be renewed (section 21, I do believe, with minimum 2 months notice).  If you did then I believe that the property has reverted to you.  If you did not then the tenancy does not automatically end on said date unfortunately.  It may still be in force, but will have gone onto what is known as a "periodic" tenancy.  That is same terms and conditions but no longer a fixed term, simply rolling on on a month by month basis with, I think, just one month's notice of termination required by either side (could be wrong, it might be two months but I don't think so).

If the section 21 notice was not issued then if I were you I would issue the required notice that you want possession of the property.  If that fails to bring the right results then unfortunately you may end up having to go to court to secure a possession order so that you may have the locks changed yourself.  I'm afraid that is where it can get pricey.  Court bailiffs become involved against the tenants.