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CommonLaw

Abandonment notice

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I will Keep it simple

Tenant left property owing 1.5months rent

12months contract ends june 2020

Tenant removed kitchin, bathroom units and white goods and even laminate floors and furniture, property is completely empty.

Electric meter is £70 in debt and letters from electric company are addressed to occupier.

Clearly they have left without notice and neighbours and  neighbouring landlord have witnessed property trashed, as they were given keys to fix a leak and keys returned to rogue tenant.

Will be informing council residential officer of abandonment by tenant 

Is the Tenancy agreement is still live?

Tenant has not returned keys

Would it be illegal eviction to change the locks or re let after 30 days?

Have been advised by letting agent need repo order, courts making more profit from landlords purse affecting my health and family life, ruining my last 2 week's of life. Middle class family man, drinking daily as i cant handle the stress levels. Maybe i shouldn't be a landlord some of you may say, but I've worked hard all my life, it's extra income which i use to help homeless people and ever growing expenses for my children.

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Did the landlord mitigate the risk of letting by taking:

1. Rent Guarantee Insurance ? or

2. A home owning guarantor ?

3. Did the landlord carry out due diligence with references & checks on the tenants before the start of the tenancy ?

4. Did the landlord carry out regular inspections of the property ?

5. Why did the landlord grant a 12 month tenancy to a new tenant ?

Can we have some more detail please ?

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Yes the tenancy is still live.  Changing locks could be seen as illegal eviction.

Do you have an inventory in place to show the kitchen or even pictures?

Report theft of kitchen etc to police and make a statement to that fact.

Is this person working or on benefits?  Look at him on Facebook - a good way of  sussing dross like this.

Ideally you need him to sign a Deed of Surrender to end things.  Be careful Electric supplier does not try to give you the bill.

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The only way to officially end the tenancy is as Mortitia states get the tenant to sign a deed of surrender or obtain a court order.

However, this is not always practical and the question to ask is - not, have the tenants moved out but are they likely to return?.

I have taken back possession of a number of properties without a court order and so far without any come back. The bottom line is, if the tenant comes back and cant get back in that is an illegal eviction that is a criminal offence and a large fine.  But if I'm fairly confident they have no intention to return I first serve a s8 & s21 and then try to mitigate any potential penalty by taking the following reasonable steps to establish the tenant has moved out:

  • Stick an abandonment notice on the front door stating we believe the property has been abandoned and therefore will be taking steps to take possession of the property in 7 days and change the locks. If the property hasn't been abandoned please call xxxxxxxxx before xx/xx/xx
  • Text the same wording to the mobile phone of the tenant
  • email the above wording to the tenant.
  • Speak to the neighbours and ask when they saw the tenant last and if they has any info on them moving out. (take notes of persons conversation etc)
  • Do the same again but with the local council.
  • Take lots of pictures when you go in in of debt on meters, post on door step, rotton food, empty areas (which implies they vacated). 
  • Write to the tenant (at the tenancy address)explaining you believe they have vacated and you will be taking steps to take possession of the property in 7 days and change the locks. If the property hasn't been abandoned please call xxxxxxxxx before xx/xx/xx. You do this on the basis that a sensible person redirects their mail when they move but we know its unlikely in this case.
  • Write to the next on kin address you should have on file in the application form they should have filled out at the beginning of the tenancy.

If the tenant comes back you must let them back in and get a court order (remember you have already served the s21 and s8). If you didn't let them in you have to ask yourself is this person going to take me to court? If he does you will have hopefully mitigated any penalty by doing the above.

 

 

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As above the AST still exists, and they are liable for rents. But fat chance clearly.

It sounds like the property needs securing asap, left unlocked and your keys no longer fit. As Grampa endeavour to make contact making the new keys available. Post the notice and photo it.

Record all you can in prep for the counter claim. Your inconveinece isn't chargeable just your actual out of pocket expenses, and of course the rents till the end of the AST. What you are heading off is the T turning up claiming he left the property good and some one else broke in (your insurance problem). Also his belongings were valuable and you've removed / sold them.

Most like he will be affraid to show his face, but I have encouraged such fear by showing confidence where I can. I say that in the belief that if you could catch up with him there isn't going to be a happy financial benefit to you. As for Mr Plod, well good luck. But if they will do a little leg work, and even believe his cr*p, you might increase his fears.

Sad days and I'm sorry for you, I've been there. Having a guarantor has served valuable purpose for me over the years, in their eyes you deserve this, but not friend or family. In truth you would be v lucky for courts to make a g'tor suffer, but most don't know that.

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