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Tenant Trouble


Clare Orr

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I am a fairly new landlod and have been renting to a tenant for 9 months, firstly on a six month contract which was renewed for another six months in December.

I have had no problems to date until two weeks ago after assuring me he will pay me the outstanding rent for March he has stopped taking my calls. There also appears to be so sign of him at the house. I have written to him advising his rent is now in arrears and also again informing him I will be inspecting the property giving him two days notice - I also left numerous messages on his mobile as I now need to establish if he has done a runner.

What is my next course of action if I find there is no sign of him at the property - how soon can I change locks and readvertise the property - as I dont want to get myself into trouble!!! or if he still has belongings there what should be my next course of action?

The rent is now 4 weeks over due.

Help!!!!

Thanks B)

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If you have referenced him properly you should have other means of contacting him ie work details - next of kin etc.

you only need to give 24 hours notice to gain access so put a note through the door on day one then call round on day 2 with the key to get in -

You never know he might have left you a nice note with the rent on the kitchen table before he left ! never happened to me but hey there is always a first time !

Talk to neighbours and get some feedback !

Let us know how you get on

Simon

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Hi Clare,

I would tread very carefully. By all means give notice that you want to do an inspection - but don't be too hasty and certainly don't start changing locks at this early stage !

As suggested by rodent, can you contact the tenant via next of kin, character reference, employer, bank?

The best way to resolve this is with a face-to-face meeting. My guess is that the tenant is not able to pay the March rent (perhaps because they have lost their job) and that is the reason that he is not taking your calls.

If you really are unable to contact the tenant then you could write to him again - asking for a meeting - so that you can discuss how he will repay you the rent that he owes over a number of months ...... if you get no response then, moving forward, you have a number of legal options which should only be used as a last possible resort (in my opinion).

Option 1: Wait until the April rent day and, assuming the rent remains unpaid, serve a Section 8 notice with Ground 8, 10 and 11. Give the tenant 14 days to pay before you commence court action to repossess your property. Ground 8 states that the tenant is 8 weeks or more behind with their rent and is a mandatory ground for repossession in Court. Grounds 10 and 11 state that the tenant is partially behind with their rent and is persistently late with their rent. They should always be used in conjunction with Ground 8.

Option 2: Serve a Section 21 notice stating that you want possession of your property back at the end of the tenancy term. Make sure you give your tenant at least 2 months notice.

Option 3: Do both option 1 and option 2.

Keep us informed as to what happens ....

Mark

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Just a wee update. I inspected the property last night and it does appear that no one is living there at the minute as the TV, all his clothes and bed linen are gone, but a computer and a huge box of his videos and DVDs are still there. There is milk in the fridge ( dated 19.03.07) but very little food - how long should I wait to see if he returns?.

I have left word with the neightbours to contact me if anyone returns to the the house and I am currently trying to contact him by other means but having no luck....

what should my next move be? solictor?

Thanks for your advise so far....:)

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Just a wee update. I inspected the property last night and it does appear that no one is living there at the minute as the TV, all his clothes and bed linen are gone, but a computer and a huge box of his videos and DVDs are still there. There is milk in the fridge ( dated 19.03.07) but very little food - how long should I wait to see if he returns?.

I have left word with the neightbours to contact me if anyone returns to the the house and I am currently trying to contact him by other means but having no luck....

what should my next move be? solictor?

Thanks for your advise so far....:)

Hi Iwould suggest you put notice on front door asking the tenant to contact you within 14 days

leaving your address and phone number on notice if the tenant does not contact you then obviously

left property also keep photo copy of notice on door for legal reasons.

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