SMF - Just Installed!

Think property has been abandoned ... what to do???

Started by Nickyg, July 05, 2016, 01:54:05 PM

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Nickyg

Hello
My tenant started a 6 month AST 1st May 2016 paid first months rent upfront. Since then not paid any rent. Not answering phone calls, emails, texts etc. Personal reference thinks gone back to Spain and facebook updates suggest this is where she is at the moment. Did a routine inspection keys left on stairs majority of belongings gone apart from sofa, mattress etc
I have taken advice from the great RLA helpline. This apparently is a grey area as the only certain way to do this is serving section 8 and applying through possession through court. However I was just wondering if anyone else had been in this same situation and taken the evidence that we have that she has abandoned the property. What was your outcome etc? Trying to weigh up the risk
Thank you in advance

CraigDubberley

I'm in agreement with the RLA.  The only sure fire way to protect yourself is to go through the courts.  I'd get a section 8 delivered without delay so you can start proceedings as soon as possible.  I've known Landlords place '7 Day Notices' on the front doors of the property before taking back possession, but these don't have any real weight in court.  I've also known of another landlord who just lets himself in without warning if the rent's not been paid to find they've fled and re-let the property.

Ultimately, unless you can prove beyond all reasonable doubt the tenant has surrendered their tenancy, the only way to proceed has to be to go through the courts, albeit far drawn out and extremely slow!