UK Landlord Forum / Life

My tenant of 13 yrs has stopped paying rent and I think he has left the property.  I initially had a six month agreement which by verbal agreement just carried on.  I foolishly didn't take a deposit.  I need to gain control of my property again and wish to sell it but I can't get in touch with the tenant to get something in writing.  He may have even left the country but there are some of his possessions still at the flat.  Most of it appears to have gone.  A key was also left under the doormat!   I've made numerous Phone calls, texts and emails and also hand delivered letters to the property.  Enquiries with other residents indicate he hasn't been there for some time.  He will be two months behind on his rent in 2 weeks when I believe I can serve a section 8 notice? I've done some research but unsure which is the best route.  I intended to serve a form 6A  today but not sure if this applies in my circumstances.  I just need it sorted ASAP as it is causing me significant financial hardship and stress.  Thank you in advance for any help or advice you may be able to offer.

You could go the route of implied surrender... especially if you've made [very] reasonable attempts to contact and a key has been left... it would be nice if all keys you provided were now in your possession as that would make any reasonable person think the Tenant did not intend to come back (not being able to).

Thank you.  I'm sure he will have made copies and I don't have the post box key returned.  I don't want any comeback if I put the property on the market.  I've heard horror stories of people taking landlords to court and winning!

Well, what you're up against is a charge of illegal eviction, really... and, no, you don't want that... but that's why you should look into implied surrender and take a risk call on it. The safest route is to wait, of course... but it seems like you're doing all you can to make contact with nothing coming back... but what you don't want is to go in, retake possession, let it out again and he comes back from abroad, or something, having gone to see his old mum, who's shuffled off this mortal coil, and rent just wasn't on his mind!

Read up on implied surrender... as compared with express surrender... it's all about behaviour... if a Tenant doesn't pay rent, isn't at the property, has removed most of their belongings and has left keys... well, their behaviour doesn't seem to be that of a Tenant who wants to continue their tenancy... it's hard to complain at that point.

If the key left behind is for the property, and you've made reasonable effort at contact with no response, I'll just work on the basis of implied surrender.

Thank you.  I've just been and left the section 6A form at the property so will see if that provokes a response!  Your replies are much appreciated.