Section 17 notice on tenant that has disappeared (no new address)

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    Section 17 notice on tenant that has disappeared (no new address)

    I had a tenant recently give me 2 days notice of leaving half through his tenancy.

    I explained I was happy to work with him but I'd at least require rent paid until I found a new tenant to replace him.

    He'd previously been a good tenant of almost 3 years, during which time I believe I was also a good landlord, taking care of the property and not raising rent.

    I intend to claim for the money owed, but I have no address for him. How can I serve section 17 notice without knowing where he is?

    Thank you for your replies.

    #2
    You can serve the notice at the latest known address, which is the property the T was living at. Alternatively you can wait for a couple of months and then use a tracing company to locate the T, there's really no point in doing it too soon as the T may not be registered with any council etc.

    Comment


      #3
      Originally posted by ash72 View Post
      You can serve the notice at the latest known address, which is the property the T was living at. Alternatively you can wait for a couple of months and then use a tracing company to locate the T, there's really no point in doing it too soon as the T may not be registered with any council etc.
      Thank you for your response. Posting to an address I own and therefore know they do not live at seems strange, would that actually be accepted? It's been 3 months. Do you have an example of a good tracing company? Thanks!

      Comment


        #4
        How is a section 17 notice applicable to this tenant?
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          That the tenant has or has not put in place a redirection will have some bearing on where it ends up.....
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Originally posted by jpkeates View Post
            How is a section 17 notice applicable to this tenant?
            +1

            What's with people fascination with s17 notice these last few days (here and elsewhere).
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              Originally posted by jpkeates View Post
              How is a section 17 notice applicable to this tenant?
              Tenant left mid tenancy, therefore he ows the rent for the remainder of the tenancy. I only intend to claim for the empty time until a subsequent tenant was found, even though I believe I am able to claim for the whole amount.

              Is section 17 not the correct way forward in this situation? As far as I understand it the room was still in his possession and he was in arrears.

              Comment


                #8
                Originally posted by eshroom View Post
                therefore he owns the rent for the remainder of the tenancy. I only intend to claim for ...
                Only if you haven't don't take possession of the property.

                Is section 17 not the correct way forward in this situation? As far as I understand it the room was still in his possession and he was in arrears.
                Not unless you're serving it on someone who was previously a tenant or guarantor and had assigned the tenancy to the person who has just left, with the assignment guaranteeing the current tenant payments.
                I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                I do not answer questions through private messages which should be posted publicly on the forum.

                Comment


                  #9
                  Your bigger problem is that the tenancy hasn't ended unless you accepted his invalid notice and now you have no idea where he is. Unless you can find a way to end the current tenancy you will not be able to re-let it for about a year whilst you go through serving notice, getting a court order and using bailiffs to enforce it.

                  I would suggest you gather and retain as much evidence as you can that he has abandoned the property and only once you have it, re-take possession. His notice is a good start.

                  Comment


                    #10
                    Originally posted by eshroom View Post
                    Do you have an example of a good tracing company?
                    I have just requested a trace from one about an hour ago. If you would like to know whether it is successful or not, happy to share info. Should know in a day or two.
                    There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

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                      #11
                      Are the costs and effort involved really worth it? I'd be tempted to just accept their notice and get the property re-let as soon as possible. Sounds like they probably wouldn't have the money to pay you anyway.

                      Comment


                        #12
                        I'd accept the situation, accept the tenant's surrender and move on.

                        I think you need to understand the landlord's role a little better if you are going to continue in the business.
                        Section 17 doesn't sound like the route for recovering your money, and you'd be better off with nothing being owed - a lot happens when dealing with people that isn't ideal or in line with the letter of the law.
                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment


                          #13
                          Why was it not a periodic tenancy? I always now go six months term then periodic. I think people stay longer if you do not keep giving them new terms.

                          Comment


                            #14
                            I suggest you to 1) go through the court systems in reporting abandoned property to 2) re-take property possesion. They will 3) serve him; by his address there & his last known address legally with the eviction notice if the judge signs his eviction to be valid. Then he has 5 days to response to appeal this. After 30 days of this, the courts will order you the rights to gain access & your property Back. If he left personals behind, be sure to go through the legal steps to store them via court system steps & regulations of properly storing his items, unless the courts order otherwise. The fact the property is already considered as abandoned property as the reason to evict May void out the steps of having to put his personals in storage legally with a detailed description inventory with a police officer present. The fact it’s already deamed abandon means you may be legally authorized to dis-pose of his personals after the courts proceedings of eviction & gaining access and your property back. Then you know his tenancy had legally ended, giving you rights to start a new one as you wish.

                            Comment


                              #15
                              Originally posted by SunshineLaw&Ethics View Post
                              The fact the property is already considered as abandoned property as the reason to evict May void out the steps of having to put his personals in storage legally with a detailed description inventory with a police officer present.
                              What?
                              Where does that weird idea come from - that's not at all necessary.
                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment

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