Tenant Gone AWOL

[bil8999]

Hi to all

Tenant paid every week for 3 months then stopped paying, we text him, he responded saying he would sort it also stated that he would be moving out shortly to move in with a friend.

Tried texting again no reply, left letter asking him to phone me, no reply, called again at property, looks like he has gone but some of his property is still in the flat.

Question what is the legal stance on getting his property out and making sure that he has gone.

Thanks in advance

[Richlist]

Are you in either England or Wales?

Is the property let on an AST?

What are the start and finish dates of the AST?

Did you follow deposit protection rules?

 

[Mortitia]

Legally you need to get a Deed of Surrender signed by him.  Where is his deposit?  Issue a Section 8 notice immediately so as soon as 2 months rent is owing you can apply to the courts for possession.

Some people just can't deal with the legalities of ending tenancies and sorting out there stuff - this is always a problem in letting. Do you have details of guarantor or other person connected with him.

What does it say in your tenancy agreement about keeping belongings at end of tenancy?  Legal advice varies from 28 days to 3 months so take your pick.

If it were me and I had made every effort to contact (done this before many times) I would bag the stuff up and shove it somewhere safe for a while ( photo graph it first so he can't cry damage.  Clean up and re-let. 

[bil8999]

Are you in either England or Wales?

Is the property let on an AST?

What are the start and finish dates of the AST?

Did you follow deposit protection rules?

 

Hi RL

In England

Yes AST

Start date 16th July 6 months from then.

Yes.

First time this has happened to me in 30 years, if this is the sign of things to come then it may be time to sell up.

[bil8999]

Legally you need to get a Deed of Surrender signed by him.  Where is his deposit?  Issue a Section 8 notice immediately so as soon as 2 months rent is owing you can apply to the courts for possession.

Some people just can't deal with the legalities of ending tenancies and sorting out there stuff - this is always a problem in letting. Do you have details of guarantor or other person connected with him.

What does it say in your tenancy agreement about keeping belongings at end of tenancy?  Legal advice varies from 28 days to 3 months so take your pick.

If it were me and I had made every effort to contact (done this before many times) I would bag the stuff up and shove it somewhere safe for a while ( photo graph it first so he can't cry damage.  Clean up and re-let. 

Hi Mortitia

That's much what I thought, yes will clean up and re-let.

As I have said it may be time to sell up.

[Carryon Regardless]

If you're sure the T has absconded it makes sense to turn the property round for re-let, but try to gain evidence that your assumption is reasonable.

If you change the locks now the T needs to make contact to gain entry, post a clear note on the entrance detailing how to make contact for re-entry. Take a photo, dated.

Contact the council tax and utility suppliers to see if the T has relinquished responsibility, in his mind. I learned recently that if the T still has belongings in the property they remain resonsible for council tax until the situation has changed. I gave the date of re-let. This of course may be the choice of the authority.

Find out if neighbours have witnessed move out style activities.

As said this is where a guarantor can really be useful. As they become aware that they now have a finacial responsibility they more often unearth the T. Contact with family members can be good also. If nowt else returning the belogings to a relative is an option, if not deemed legally correct it would do for me.

You problem can feasibly be that when re-let the ex T appears and claims to still have legal possession. You then have responsibility to house both, in theory.

Now consider the value of any claim possible by the T and consider how to build your counter claim in the event, unpaid rents, repairs, costs as might be valid(ish).

Your right to recognise that this game is one that becomes more difficult to win. Bloody politicians and do gooder organisations.

 

[bil8999]

If you're sure the T has absconded it makes sense to turn the property round for re-let, but try to gain evidence that your assumption is reasonable.

If you change the locks now the T needs to make contact to gain entry, post a clear note on the entrance detailing how to make contact for re-entry. Take a photo, dated.

Contact the council tax and utility suppliers to see if the T has relinquished responsibility, in his mind. I learned recently that if the T still has belongings in the property they remain resonsible for council tax until the situation has changed. I gave the date of re-let. This of course may be the choice of the authority.

Find out if neighbours have witnessed move out style activities.

As said this is where a guarantor can really be useful. As they become aware that they now have a finacial responsibility they more often unearth the T. Contact with family members can be good also. If nowt else returning the belogings to a relative is an option, if not deemed legally correct it would do for me.

You problem can feasibly be that when re-let the ex T appears and claims to still have legal possession. You then have responsibility to house both, in theory.

Now consider the value of any claim possible by the T and consider how to build your counter claim in the event, unpaid rents, repairs, costs as might be valid(ish).

Your right to recognise that this game is one that becomes more difficult to win. Bloody politicians and do gooder organisations.

 

Hi Carryon

Thanks, it simply is not worth trying to trace these people, if they turn up some weeks down the line, then we will just have to buy them off, after all, that's what they want !!!  

[bil8999]

Now that we have decided that he has gone, and we can't contact him what do we do about the protected bond ?

Thanks in advance

[Richlist]

Although he hasn't paid the rent he still has a valid tenancy which has a few months of the fixed term to run yet + he has his belongings in the property which might support the view that he intends to return.

The normal process is to change the locks and place a clear sign on the front door saying that the locks have been changed and that access can be obtained by calling the following telephone number xxxxxx.

After all the tenant may be.......in hospital, on holiday, staying with friends or relatives, detained at Her Majesty's pleasure, dead or working undercover for MI6 etc etc.

Have you checked with the police/authorities to see if he has had an accident ?

[bil8999]

Although he hasn't paid the rent he still has a valid tenancy which has a few months of the fixed term to run yet + he has his belongings in the property which might support the view that he intends to return.

The normal process is to change the locks and place a clear sign on the front door saying that the locks have been changed and that access can be obtained by calling the following telephone number xxxxxx.

After all the tenant may be.......in hospital, on holiday, staying with friends or relatives, detained at Her Majesty's pleasure, dead or working undercover for MI6 etc etc.

Have you checked with the police/authorities to see if he has had an accident ?

If he is working undercover for MI6 then I am the next James Bond.

We will do all of the above, what about the bond, how do we claim it against cost of storing his goods etc. 

[Carryon Regardless]

He is liable for rent till the end of the fixed term, unles otherwise negotiated / agreed by you.

More often unpaid rent is greater than the deposit and easiest to demonstrate.

You may claim all costs and losses from the deposit but can often find there is a biase / sympathy for the T's case / defence of claim. The unpaid rents are much more difficult to argue by the T. The rest you can claim in the county court but very often just 'aint worth the effort, extra expense and risk of the poor chap crying for the judge. Items as a counter claim, should Mr Ex T claim for the high value of his goodies ++++, might well reduce  or offset to zero.

Do all you can to show you have tried to contact the T. I would wait to claim the deposit as I see no rush. He may attempt to claim it 1st in which case you have opportunity to dispute and also then you have evidence of surrender.

'If' you are being set up as you suggest you do need eyes in the back of head and need tread cautiously. He has a massive advantage here.

[Richlist]

If he is working undercover for MI6 then I am the next James Bond.

 

 

I suspect there are others who have said the same and then choked on their own words , the emphasis is really on the word 'undercover'.  The security services could  probably show you a long list of those who have fooled them.

Let's hope you are right.

By the way, I believe they ARE looking for a replacement for Daniel Craig....so maybe now is your chance

Good luck.

[bil8999]

Update

He text me today saying his phone was broke so he couldn't phone, so why didn't he text?.

Said he will release the bond to cover any unpaid rent, move his goods out and tidy up the flat.

Lets see !!! will let you know what happens.

[Richlist]

Update

He text me today saying his phone was broke so he couldn't phone, so why didn't he text?.

 

 

 

Why the mistrust ?

Don't you normally use that same phone to send texts ?......and if that phone is broken then you can't phone or send texts, or am I missing something here.

 

 

[bil8999]

 

Why the mistrust ?

Don't you normally use that same phone to send texts ?......and if that phone is broken then you can't phone or send texts, or am I missing something here.

 

Sorry , he text and said phone still broke will phone me asap, why not just text!!!, he can sent texts.  

Do you trust all your tenants?

  

[Richlist]

Yes I generally  do but...... I am very, very carefully in my tenant selection. I have a long list of criteria that my tenants have to meet and I always back my selection with RGI or a guarantor. I don't have a problem leaving properties empty for months waiting for the right, suitable tenant to come along.

I would always give my tenants the benefit of any doubt unless they had let me down on a previous occasion. 

I would certainly give this guy the opportunity to do what he has said before judging him.

Maybe, like me, he absolutely hates texting. I dislike texting so much I now say in my adverts that I will not communicate by texting and certainly not reply to any received.

[Melboy]

Update

He text me today saying his phone was broke so he couldn't phone, so why didn't he text?.

Said he will release the bond to cover any unpaid rent, move his goods out and tidy up the flat.

Lets see !!! will let you know what happens.

Well at least that is progress for you. However the bond is not in place to cover rental payments it should be pointed out to him. I hope you get your money. Good luck!

[Carryon Regardless]

I'm guessing there is no g'tor.

Departing mid fixed term would normally result in a negotiation to release him from his responsibility.

Do you have any tactics for persuasion? Is he employed? Would he be concerned about a CC judgement?

Where I see a T (ex T) has nowt to lose and likely is already being pur'sued' by the likes of council tax, mobile phone companies, Sky...... there becomes little point in hoping for more dosh as they just don't care what happens next.

This guy does sound to have some consideration though, there is hope.

 

RL, like you I've left properties mt rather than take dross. The longest was 18 months, 3 agents failed to present any feasable candidates.

In the end I realised that I would likely of at least taken enough rents to cover possible damage, even if only HB. Also I would have saved on council tax and some utility bills.

The present T has no g'tor, his daughter moved in with a dog on my new carpets. She also has b'friend sharing the bedroom with the dog also. The T's brother sleeps downstairs.

They don't have a clue about cleaning, the condensation in the daughters++ bedroom had paper peeling so I clad in plastic. Rather anyone else but me but it is me.

Oh, and the local council cost me £800(ish) for pointless selective licencing and 'require' me to attend one of their courses to teach me how to be a LL.

Anyway the rent is regular (fingers crossed, touching wood and turning anticlockwise while looking for 2 magpies), the utulity bills and council tax aren't my problem. He and brother continue to work and I guess the total coming into the house (some HB I suppose) makes my rent manageable. They've all been there for 18 months. It's crap but it's better crap than them not being there. 

I bought very well at £42K (Jun 05), remortgaged to £56K in 07, the values dropped to £27K by 2010. When the values rise above my mortgage balance (% only) I'll sell, but I'm still waiting. The values have fallen again recently.