reb223 Posted September 7, 2007 Report Share Posted September 7, 2007 I mean OLD tenant not moving - oops, can't amend. I have a tenant who originally gave one month's notice to leave flat at end of August. He then told me he would like to stay until mid-September. This was fine with me and I advertised the property as available from mid-September. I found a new tenant quickly and told her I would give her a firm date once I knew myself. She gave a security deposit. Now the tenant says he would like to stay until the end of the month. I know, please no lectures, I shouldn't have committed to a new tenant until the old one left, but obviously this is to avoid voids. I have another flat next door and gave the current tenant the offer of moving to it indefinitely on a weekly basis until his his flat sale goes through, albeit at a higher rent. However, although he has been an exemplary tenant to date, he is now uncontactable. My question is this: If I move the new tenant to the other flat until he vacates, can I deduct loss of earnings from his deposit. His flat is £500/month whereas the one next door is £750. I have someone who wants it but have turned them away as I need it for either the current or the new tenant on a temporary basis. All advice welcome, thanks! Link to comment Share on other sites More sharing options...
Trenners Posted September 9, 2007 Report Share Posted September 9, 2007 Hi reb, Advice is simple. If old tenant won't leave and is uncontactable there is absolutely NOTHING that you can do about it. Possession is nine-tenths of the law and if you try and remove the old tenant to make way for the new tenant then you will be guilty of illegal eviction - which carries a custodial sentence. If it was my property - I would move the new tenant into the flat next door and charge them the rent for the property that they originally chose to live in. Then, when the original flat becomes legally vacant, I would pay / help with the removal of their possessions from one flat to the other. Your only other option - tell your new tenant that the flat is no longer available (because the old tenant has not vacacted) and risk the old tenant not paying you anymore rent and the flat next door being empty as well. ie; Double voids ! Good luck, Mark Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 9, 2007 Report Share Posted September 9, 2007 and then what Mark ? Wait 6 months to see if the guy calls with some rent ? or issue court proceedings and wait 3 months to ge them out ? he is now uncontactable May be a stupid question, but if he is still in residence (presume you have been round and checked) then he will be living in prop ... Personally i would ring first then go round and leave a note requesting immediate contact,speak with neighbours to ascertain position ...wait 24 hours ..then enter flat on the basis that he may firstly have aboandoned it ..secondly he may be in their dead..not nice but a real possiblilty .... Need more detail like has he paid to end of month ? Has he confirmed that he will definately be leaving at this time? When i have people leaaving and people moving in right behind them i talk to them on regular basis thru the last week or so ...making them very aware that somebody is moving in same day/next day and keep on top of the situation... The uncontactables are the very worst T to deal with as you really dont have a clue what they are doing i would far prefer someone ranting and screaming ing my face than No comms... Do you have his work/next of kin add or number ...? People tend to be at home very early or very late at night ....so call round ..... I have a good relationship with most of the neighbours of my properties which i have cultivated over the years and most would ring me to tell me when the T arrived home if i needed them to ...any one help you with this ....? Once you some comms with T then you need to "sort" things out ..and quickly ....they have given notice and are now tking the Pxxs.. You are now loosing money hand over fist due to turning away at T and have apile of stress that you dont need ...... He is well out of order ......I would request that he leave forthwith or move next door ....(personally i would rather just get shot of him altogether as you will almost certainly lose more potential t for next door as you dont know how lnog he may stay ) It is very depressing when a model T does this ...it always seems to happen right at the end ! Failing all of the above you are going to have to move new T into flat next door but be prepared to offer them some compo as they are not going to want to move twice !!! Simon (Wow -No debt collector mentioned !!!!!!!!!!!!!!!!!!!!!......................Yet lets see what T does next though.........)! Link to comment Share on other sites More sharing options...
GPEL Posted September 9, 2007 Report Share Posted September 9, 2007 Good communications is often the prevention and cure. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted September 9, 2007 Report Share Posted September 9, 2007 "Possession is nine-tenths of the law" Something i have been tempted to type on here many times !!!!! but in a slightly different context ! something i would have firmly i my mind once i had taken possession back and changed the locks !!LOL Simon Link to comment Share on other sites More sharing options...
reb223 Posted September 9, 2007 Author Report Share Posted September 9, 2007 Possession is nine-tenths of the law and if you try and remove the old tenant to make way for the new tenant then you will be guilty of illegal eviction - which carries a custodial sentence. I would never dream of attempting to remove him! I have just suggested he move voluntarily to the flat next door. Need more detail like has he paid to end of month ? Has he confirmed that he will definately be leaving at this time? Yes, he has paid full rent to end of September. The last time I spoke to him (in person, on Tuesday, after 10 days of failed efforts to contact him), he said he was meeting his solicitor that afternoon regarding the moving in date for his new flat, and would call me that night. He didn't, I have sent 2 further emails, called him and been round twice. I plan to go round again tomorrow and leave a note if he's not in. When i have people leaaving and people moving in right behind them i talk to them on regular basis thru the last week or so ...making them very aware that somebody is moving in same day/next day and keep on top of the situation... Good idea, especially important I think when they are buying their next property and still waiting for keys. Do you have his work/next of kin add or number ...? The mobile number I have seems to be his work number - it rings then goes to voice mail with message saying he is on annual leave until 17th September (I saw him on Tuesday though). Just occured to me he may have gone away for a few days, but I don't think this excuses leaving me in limbo. Once you some comms with T then you need to "sort" things out ..and quickly ....they have given notice and are now tking the Pxxs.. I agree. Ironically, in his original notice letter he thanked me for "how hassle free it has been to rent from you lovely folks"! I had hoped to return the compliment... Failing all of the above you are going to have to move new T into flat next door but be prepared to offer them some compo as they are not going to want to move twice !!! Well, if new tenant moves in next door, i'll help her move from one flat to the other as Mark suggests. Compensation wise - she will be living in a top-spec flat for a far lower rent than it would be normally, so i'm hoping she won't be too worried. My only worry is that when she does move to her permanent flat it will be a disappointment in comparison! Link to comment Share on other sites More sharing options...
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