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marco_c

how establish if the house is empty or somebody is living there

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Hi everybody

The letting agency managing the property was collecting the rent from 2 tenants living in the house

Then one tenant apparently moved out

this was last November 

Then no rent received

I tried to contact the phone numbers provided from the letting agency and the guy who replied with a text message said that he never lived in the property

I have no idea how we can establish if the house is empty  or somebody is living there


Any idea how we can proceed?

Many thanks

Mark

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Marco  can't you carry out a personal visit to the property to establish if anyone is living there? and if not you what about your Agent?

What name have you got on the tenancy contract?

How has your letting agent handled all of this problem going back to November?

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thanks for your reply

 

I asked but they said no

and advised me to find a solicitor then go to court. it will be difficult especially the contact details are not working and nobody knows if they are in the property or not 

their reply:

 

We cannot do this as would be perceived as unlawful eviction, you will need to instruct a solicitor to deal with the matter as the section 8 notice expires 25/1/16.

 

We can visit the property and look through the letterbox and window if possible but unable to go in with keys.

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Go to the property and post a notice giving 24 hours notice of what ever works you wish to detail. The works to continue until complete sort of thing, maybe decorating. Provide contact details on the notice, keep a copy and record the event.

24 hours later enter and start the works. Leaving steps and tressles in considerate places, not paint that might get used for negative purpose.

You will learn soon enough if people are living there.

You are not depriving the occupants of their possession.

You are not preventing their quiet enjoyment of the property as you are carrying out quiet works during reasonable hours.

I assume you have a key to your own property, if not drill the lock, fit a replacement and post a notice on the entrance door of how 'they' can obtain a new key. After all you have done all you can to make contact and these works have been programmed for some time.

BTW you can't lawfully enter if specifically prohibited by a lawful occupier, but then you have your answer anyway.

 

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I would call all the contact details on file and also text to state you belive the property to be empty and you will be visiting the property with a key on xx/xx/xx. Please reply by xx/xx/xx if you are still living in the property.

Then go round there have a good knock on the door and try to speak to the neighbours to get any info or evidence of the tenants vacating. Pop your head inside with a camera. Should be able to establish if the tenants have vacated by post on the mat, rotten food in fridge and furniture taken (or most of it.

If you think they have vacated do a search on this site for abandoned property and put a notice on the door.

If you have to evict and serve a s21 or court papers you would use the names on the tenancy agreement.

Do not enter the property if you have been instructed by the tenant not to. It is very very unlikely a landlord poping his head into a property once to establish if it was occupied would be classed as an illegal eviction.

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The other thing (apart from the above) is go and stake out the property and see who turns up.  Doorstep them and ask for ID - surely you have the names of your tenants?

If they are not the tenants then you need to take action to get possession.

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