manisha Posted February 12, 2008 Report Share Posted February 12, 2008 Please help! I am a new landlord & I rented my house out to a young man, his mum & sister on 1st Oct 07. The AST is only is his name & we took a month and a half rent as deposit which is held by the DPS. The rent was due on 1st of Feb 08 & I have been trying to contact them since early Jan to arrange collection of rent & also to arrange a gas check as it ran out on Jan 10th. All mobiles are switched off & there is no sign off life at the house. The neighbours told us that they saw them moving out in Jan & they had mentioned that the girl had got married & the son & mum were moving out so she could move in with her husband. They have also changed the locks. On our AST there is no mention of changing locks so we can't do anything about that but our main concern is getting the gas check done. For safety reasons can we enter the property, change the locks & get the gas check done as they have left no indication of when anybody will be back? The AST runs out 31st March so on 1st Feb we posed a letter through giving them the 2 months notice. Is there anyway of getting the house back earlier then the end of AST date? If he has moved out, is the AST still valid as the contract is between us & him? We suspect they are not taxpayers & that they are not in the banking system so they won't claim the deposit back from the DPS which they maybe thinking would cover the rent. We just need to move on & get the house rented asap. Any advice would be great Thanks Ana&Man Link to comment Share on other sites More sharing options...
GPEL Posted February 13, 2008 Report Share Posted February 13, 2008 If they're still in possession and not letting you in then you can't force it, just have evidence to demonstarte that you acted reasonably in trying to obtain acess for the check but was prevented from doing so. However, if you've evidence that they've left then you could argue the property has been abandoned and take back possession. Link to comment Share on other sites More sharing options...
manisha Posted February 13, 2008 Author Report Share Posted February 13, 2008 If they're still in possession and not letting you in then you can't force it, just have evidence to demonstarte that you acted reasonably in trying to obtain acess for the check but was prevented from doing so. However, if you've evidence that they've left then you could argue the property has been abandoned and take back possession. Many Thanks The house is definitely empty and there has been no response to the letters or answerphone messages and texts that we have left. Link to comment Share on other sites More sharing options...
simonbaldry Posted February 14, 2008 Report Share Posted February 14, 2008 Hi you are allowed to visit your property to carry out management checks etc, as long as you give reasonable notice. I would suggest you deal with this in the following way. Hand deliver a note saying you will be visiting the property at a particular time and if the tenants have a problem they should contact you Get into the property, change the locks and leave a note on the door saying that you belive the property has been abandoned and if this is not the case please contact at your address. Read the meters and contact the utility companies and council However you will need to get a possesion order and I have read of a case when a tenant returned two months later and succesfully sued the landlord for unlawful eviction. Some of the costs were offset by unpaid rent. Perhaps the easiest thing is to try and trace your tenant and agree to rip up the tenancy. Simon Link to comment Share on other sites More sharing options...
Selkirk Posted February 14, 2008 Report Share Posted February 14, 2008 Just to add to Simonb above, I would consider taking an independant witness. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted February 14, 2008 Report Share Posted February 14, 2008 1. post written notification of inspection in 24/48 hours 2 . gain acceess ....If locks changed have you got keys for back door ? if not then having had 2 canabis factories i would inform police of suspect factory ...they will gain access for you within 30 mins ..tops ...then as LL you will be forced to secure prop with new locks ...leaving note for T to contact you for accesss.... 3. DO NOT inform utilities CT etc as you will then become liable for bills ...when they should be paying them .... The Rodent Link to comment Share on other sites More sharing options...
manisha Posted February 18, 2008 Author Report Share Posted February 18, 2008 1. post written notification of inspection in 24/48 hours 2 . gain acceess ....If locks changed have you got keys for back door ? if not then having had 2 canabis factories i would inform police of suspect factory ...they will gain access for you within 30 mins ..tops ...then as LL you will be forced to secure prop with new locks ...leaving note for T to contact you for accesss.... 3. DO NOT inform utilities CT etc as you will then become liable for bills ...when they should be paying them .... The Rodent Hi, They have changed both front & back doors & drawn all downstairs curtains so we have no access to the property at all. This week the house will have been sat empty for 4 weeks. We suspect they have gone back to Hong Kong & still not returned. We still have not been able to contact any of them & we have had no reply. On 1st March we will be owed 2 months rent. If we call the police as you've advised, do we change locks & get the checks done & then wait for them to get in touch? On 31st March, the AST expires with the 2 months notice given. If they still don't get in touch do we have to sit it out until 31st March? We have since found out that they have given us false employers details as they never heard of him & we already know he doesn't have a bank account so know it seems that are as dodgy as they come. I feel like getting our house back now & getting new tenants asap to cover our growing debt & wait & see if they sue us which I very much doubt. Do you think we still have to cover our backs & get the ball rolling to get a possesion order & waiting for the 28 days? It looks like we'll be 3 months down in rent whichever way we do it. Many thanks for all your help from a very disheartened LL! Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted February 18, 2008 Report Share Posted February 18, 2008 Do As i said and call police re "suspect" cannabis factory ..they will gain immediate entry ...then it will be up to you to secure and do as you see fit ...... Link to comment Share on other sites More sharing options...
Melboy Posted February 19, 2008 Report Share Posted February 19, 2008 I agrre with Simon......call the Police on a suspect drugs factory. Your covered then should anything happen in the future. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted February 19, 2008 Report Share Posted February 19, 2008 Curtains closed .....Hong Kong .......locks changed ........ I think you may be in for a few more surprises when you gain entry .. I urge you to call the police asap ....if you havent already ... Simon The Rodent Link to comment Share on other sites More sharing options...
manisha Posted February 21, 2008 Author Report Share Posted February 21, 2008 Curtains closed .....Hong Kong .......locks changed ........ I think you may be in for a few more surprises when you gain entry .. I urge you to call the police asap ....if you havent already ... Simon The Rodent It's decided then. Thanks guys!!! Ana&Man Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted February 21, 2008 Report Share Posted February 21, 2008 If the police are "tidy" they will let you "open" the door ..... TIP Try to avoid kicking the door in as this will be expensive to repair ....just get a good cordless drill and drill out the lock..... you should only need to change the barrell afterwards ...which will be a lot cheaper than a door and frame ....or arrange to have a locksmith on site to do the job when the police arrive ..... The police are not known for entering "gently" !!!! and will probably want to kick it in .......be prepared because either way you will be responsible for securing the prop which clearly will need to be done asap .... Let us know the result Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted February 21, 2008 Report Share Posted February 21, 2008 Hi Ana&Man Any news ??!!! The Rodent Link to comment Share on other sites More sharing options...
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