cypress Posted January 7, 2008 Report Share Posted January 7, 2008 Hello. Can somebody please help or give me some sound advice? I have or had a tenant who now owes 3 months rent £1650, I’ve tried contacting her by phone (all numbers have been disconnected) Email without any reply, & Letters 1,2 &3 shown in the document section of R/L, I also sent a letter last week saying that I was giving 1 weeks notice that I would be entering the apartment if she didn’t contact me. Yesterday I went in, 14 months ago it was a brand new apartment with all brand new furniture, yesterday it was like a bombsite, most of my things have gone & she has left an old TV and a few clothes, it certainly looks to me that she has left, but how do I stand legally? My questions are. Can I take position and change the locks? Do I need to go though the court if so how do I contact her? Can I recover the rent and costs? How do I recover the rent & costs? Link to comment Share on other sites More sharing options...
Molly's dad Posted January 7, 2008 Report Share Posted January 7, 2008 Hi, Sorry to hear for your situation. Are there piles of letters behind the door that back up the fact she's done a runner? Whats the date of the stamp on oldest one (this will tell you how long since she's been there). Legally you have to get a court order (Section 21) and go through that whole rigmarole to get posession again but if she has scarpered, I would take loads of photo's and video (better would be to get an independant inventory company to do it). Then change the loccks, do it up and rent it out. You're losing £500 pcm and so get it rented asap And then locate her using the BT phonebook, work, or 192.com who use the electoral roll (takes time unfortunatly) and then persue her thru the courts for the money. But I would first of all get the place done up and rented. This is not the way you are "supposed" to do it, but it'll add another 2 months to get it thru the court to get her evicted and if she's already gone you are looking at another grand lost rent. Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted January 7, 2008 Report Share Posted January 7, 2008 Put a notice on the door stating that you beleave this property is now abandoned and the landlord will be entering and changing locks in say 7 days if not please contact ................................ ( some people might sugest you pre date it so you dont have to wait 7 days). Speak to next door and see what they know about tenant leaving and if they saw or heard anything that might indicate they left write it down with dates times etc. Inform local police that you think it is now abandoned and you are going in on set date to secure property from squatters, make note of coppers name and date time spoke to. Enter property on set date change locks and take lots of selective photos such as empty areas or anything that indicates it is not lived in. (Some people might even shift stuff about to do this I'm not at all sugesting that you do this) make a log of all unreturned calls and letters There is still a risk involved it is a decision you have to make. You just have to cover as many angles as poss Link to comment Share on other sites More sharing options...
GPEL Posted January 7, 2008 Report Share Posted January 7, 2008 You can take possession if the property has been abandoned but proving it if challenged may be problematical. Besides the other suggestions also contact the council and suppliers to advise them you think it's been abandoned and see if the tenant has cancelled any accounts. Link to comment Share on other sites More sharing options...
cypress Posted January 8, 2008 Author Report Share Posted January 8, 2008 Thanks for your replies! I’ve since found out from the neighbors that she moved abroad to live and hasn’t left any forwarding address. All the utilities & Council Tax where in her name, Do I contact them and explain that she has left & the debt stays with her or will I have to pay any outstanding bills as the landlord? & will I now be able to take possession? Thanks Link to comment Share on other sites More sharing options...
GPEL Posted January 8, 2008 Report Share Posted January 8, 2008 Give the suppliers final readings and tell them she's gone. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted January 9, 2008 Report Share Posted January 9, 2008 Personally I would take possession, tidy up and relet Link to comment Share on other sites More sharing options...
cypress Posted January 11, 2008 Author Report Share Posted January 11, 2008 Personally I would take possession, tidy up and relet Thanks I’ve managed to tidy the place up & changed the locks but I’m still left with some of her belongings, do I email her and give her so long to collect in the hope that she will reply? I also managed to find her previous address with her parents using 192.com recommended by Molly’s Dad should I write to her at that address or should they not be involved? Bruno Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted January 12, 2008 Report Share Posted January 12, 2008 theoretically you have a "duty of care" to store these for a "reasonable" amount of time in my opinion that is a max of 90 days .............BUT as she has abandoned prop it is argueable that these items have also been abandoned... What items were left ? Gpel will prob give a more legal opinion on time frame ?? Link to comment Share on other sites More sharing options...
cypress Posted January 12, 2008 Author Report Share Posted January 12, 2008 theoretically you have a "duty of care" to store these for a "reasonable" amount of time in my opinion that is a max of 90 days .............BUT as she has abandoned prop it is argueable that these items have also been abandoned... What items were left ? Gpel will prob give a more legal opinion on time frame ?? There's a few clothes, old TV, Another settee and 2 chairs which I don't understand as mine are still there and you can't move with 2 settees in the 1 room, there's also a lot of photo albums. I can understand her wanting the photos but the rest looks like junk, the problem is I can't rent out the apartment whilst storing all that she's left. If I need to wait 90days would that be from when she stopped paying rent? as I cant contact her Link to comment Share on other sites More sharing options...
odecar Posted January 13, 2008 Report Share Posted January 13, 2008 Like hell she has gone abroad. Tell neighbours that because puts people off searching. Simon (Rodent) has previously posted debt collectors who he swears are total B&&&&&&&ds, employ them and let them go after her, give every single piece of info including job details, parents address, any phone numbers, bank details. They will have various means (best not to ask) to trace including turning up on parents doorstep if need be. Go after her every penny in relation to rent, lack of notice and doing up flat and provide her parents home address as a forwarding address to every single utility company you have to. Daddy and Mummy may not be best pleased when daughter starts getting hit with CCJs at their address and screwing up their credit rating. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted January 13, 2008 Report Share Posted January 13, 2008 Yep ....odecar just about sums it up !!! Forgot you had their address....you could always "deliver" all items left to their address ....if you want to speak to T ring and speak to parents and say you are calling from Camelot with ref to getting a rather large cheque to her and if not contacted within the next 2 weeks claim will be cancelled !! Or a tracing agent trying to adminster the proceeds of a very big estate and you need to verify she is a benificiary! hmmm now you are going to get lots of creative suggestions ..... PS "Simon (Rodent) has previously posted debt collectors who he swears are total B&&&&&&&ds" These guys are proper licensed DC NOT thugs(no baseball bats etc) and actually dont have that much power ......but the T doesn't know that !? Link to comment Share on other sites More sharing options...
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