UK Landlord Forum / Life

Good morning, I have just joined so thank you all in advance for any help you give.

My tenant has disappeared to all intents and purposes. He has changed the locks and neighbours have not seen him
I need to get in and inspect but he does not answer emails, nor telephone calls and no one answers the door. Notes dropped in are not answered. Referees cannot help.

However the rent is being paid through standing order.

What do I do please? Can I get a court order without huge cost and convolutions?  Am I allowed to get a locksmith? I do not want to break the law but am worried.
Regards  Alan

Very odd that he has disappeared into thin air and yet is still paying the rent.   

I take it he did not have your permission to change the locks, so if you can get rid of him the cost of changing them again so that you have a key can be deducted from his deposit.

I don't know the exact costs, but I think you do need some proper legal advice.  You normally can't just march into the property or break into it unless you think there has been some sort of emergency (medical or otherwise), and you can need police support to do that sometimes.

Can you see anything through the windows?  Does all look OK, or is anything suspicious?  Does he go away on business at all?

I would send a strongly worded letter (possibly a solicitor's letter) stating that you are concerned, that you are not happy at not being provided with a key when the locks were changed (I think it is breach of contract, but do check), that you are considering serving him with a section 21 notice to quit, and that you will obtain a court order to that end if you need to. 

Wait to see if that brings any results, but if not then proceed with the court order.  On some occasions the mere threat of legal action can be sufficient to startle tenants into action.  Others still carry on as they are.  You may have no option, I'm afraid. 

Yes Topseyt, very odd, I am wondering if the rent will soon stop. Nothing suspicious through windows. I shall take your advice, many thanks.
Regards

Alan

Hello alanf

Is there a pile of post under the post flap in the door?  Genuine reasons for people going missing long term but still aying the rent can include:
+ Working on an oil rig;
+ Working abroad;
+ Going on mercenary security missions (Afganistan and Iraq are favourite locations right now)
+ Going to jail for a short sentance

All of these could cut the person out of modern communications, but it would be unusual that his personal referees would not know.

Would I be right to assume you have a clause in your tenancy agreement to say you must be notified if it is the tenants intention to leave the property unoccupied for more then thirty days?  If so, then can I suggest an alternative idea to Topseyt:
+ Write the formal letter (and text to say you're vent a letter) to say you think the property has been left for more than thirty days.  You are concerned about the property's physical security against break in, fire and damage to pipes in cole weather.  You want to ensure the property has been left in the right state, espcially to ensure you're not going to get any frozen pipes damage.
+ You have been round many times before (say which dates, if you remember) and no one's ever there.
+ They have until date xx/xx/xxxx to reply.  Make sure it's reasonably long enough.
+ After then you wil visit the premises and let yourself in to re-assure yourself that everything is in good order.

As for getting in: I would go to my local locksmith and tell them your story.  Take some papers to prove you own the house and that you are the landlord.  They will be able to "trip" the locks without damaging them.  They shoud be cheaper than all those legal people, and much quicker, too.

Please let us know how you get on.

Thank you Jeremy

Yes the clause is mentioned and my letter took this into consideration. Your other points are noteworthy.
Alan

Have you asked the neighbours if it smells of pot??? Those people often pay and change the locks as they dont want you coming in for any reason.

Sounds like a bit of a sub letting situation you have going on.

Firstly write to them advising you have lost your keys and see if they can cut you a set, you can meet them at the property to collect.

When you get no response within 7 days.  Write another letter, confirming that as it is imperative for security and emergencies etc and as you haven't heard from them to provide you with a working set of keys, you will attend the property 7 days from now with a locksmith to change the locks.  If this day and time is not convenient for them, asks them to confirm when is convenient. 

This will prompt a response or you wont get one.

Access the property and if it looks as though its abandoned, change the locks.  Leave a note on the door advising you have changed the locks, if the tenant returns within X amount of days call you to arrange to obtain keys.

As for the rent - put this in a separate account and don't touch it.

All of the above should help you determine if the tenant is acting in a manner consistent with being a tenant, ie living in the property.  If he is not living in the property, its implied surrender.

Or sit tight, collect the rent and serve section 21 to get possession at the end of the tenancy.

No Jeffo, no pot problem (yet)

Thank you Wayne, shall try this one too.

Thank you all

Alan