Tenant moved out, 1 month left

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    Tenant moved out, 1 month left

    Hello,

    This is the first property I have rented out, so go easy on me please

    My tenant has an AST that ends on 25th March 2011. I have received a letter dated 28th February from the local council there (I live away) stating that as the property is now empty, it is exempt from council tax for up to 6 months. Therefore I presume the tenant has moved out.

    They have not paid their last months rent - it was due on 28th February.
    They have not been in contact since around Christmas time, when we sent a workman around to do some jobs they'd requested...they text to say that they'd done a good job and thanks.
    I can't get in touch with them...no phone calls are answered, nor are texts...no messages replied to. I could write them a letter, but if they have moved out then surely they won't get that either?

    I think it's fairly obvious they've scarpered. I asked a friend to go round there earlier to see if they've moved out, and although the curtains were shut downstairs, she could see there was still bits of furniture in there - some bits had been taken, notably the fridge, washing machine (that's mine) and also the dining table (also mine) - there was no sofa either, but there was a TV.

    My question is, when March 25th has been and gone, can I go back there and clear up the mess they've left? Am I allowed back in the property to change the locks etc? I'm sure they won't be returning the keys.

    Do they have to formally let me know that they wish to end the agreement on the date it expires, or does it just end if neither party has not requested it be conitnued?

    Thanks in advance.

    #2
    Originally posted by alphabeta View Post
    Do they have to formally let me know that they wish to end the agreement on the date it expires, or does it just end if neither party has not requested it be conTInued?s
    If T leaves on or before an AST's fixed term expiry (and nothing else was agreed with L):
    a. the tenancy ends on term expiry;
    b. no Notice is needed from T, even if the Letting Agreement says to the contrary; and
    c. no Statutory Periodic Tenancy (SPT) ever arises.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Fantastic!! Only a couple of weeks then

      Comment


        #4
        Originally posted by jeffrey View Post
        If T leaves on or before an AST's fixed term expiry (and nothing else was agreed with L):
        a. the tenancy ends on term expiry;
        b. no Notice is needed from T, even if the Letting Agreement says to the contrary; and
        c. no Statutory Periodic Tenancy (SPT) ever arises.
        But with tenants belongings still in the property, one can not safely assume T has left.

        Comment


          #5
          Hmmmm...how would I ascertain that? If nobody can get hold of her??

          My friend has been round again squinting through the gap in the curtains and apparently the only furniture in the dining/living room is a TV. The kitchen has been stripped of fridge/freezer and washing machine (like I said before, this is mine!) but there are a few cups and plates in the sink. I don't know about upstairs.

          Comment


            #6
            Originally posted by alphabeta View Post
            Hmmmm...how would I ascertain that? If nobody can get hold of her??
            And therein lies the problem. Maybe you could prove that she is living at a different address? Is their mail being re-directed? The problem of proof is why, to be totally safe, you still need to obtain a court order before re-entry. There are may who would risk it in your situation, but that is a gamble.

            If you have their mobile, you could send a text along the lines of "you remain responsible for rent until you give appropriate notice and confirm the end of the tenancy"

            Comment


              #7
              If you can prove the missing fridge etc belonged to you, ie listed on the moving in inventory and they are not now visible in the kitchen then a reasonable assumption is T has stolen them. Report theft to Police and give them any contact info you have/had for T.
              At the very least you will get a crime number for Ins and may be Police may try to trace them. If you don't ask........
              Is the property secure?

              Comment


                #8
                Originally posted by mariner View Post
                If you can prove the missing fridge etc belonged to you, ie listed on the moving in inventory and they are not now visible in the kitchen then a reasonable assumption is T has stolen them. Report theft to Police and give them any contact info you have/had for T.
                At the very least you will get a crime number for Ins and may be Police may try to trace them. If you don't ask........
                Is the property secure?
                They can not be assumed stolen, as the tenancy has not officially ended. Tenants may have kept them is safe storeage until the end of the tenancy. - Okay, I know they have really nicked them, but one can't assume that right now.

                OP - do you have protected deposit and guarantors / rent insurance?

                Comment


                  #9
                  I'll reserve judgement on the washing machine and table until the end of the tenancy...give her the benefit of the doubt that they may have removed them for a reason and will return them.

                  I have no forwarding address for her or anything. All I have is a letter from the council stating that the property is now empty, and an email from the council (in reply to mine asking what was happening) stating that the tenant had informed them that they would no longer be living at the property as of 25th February. Is this sufficient proof?

                  Comment


                    #10
                    Originally posted by alphabeta View Post
                    Is this sufficient proof?
                    I suspect that legally, it is merely here-say.

                    Do you have details of the references she gave - would they be ale to give you her address? Howabout redirection of post - it may be possible to (sneakily) find her address through that.

                    Comment


                      #11
                      Even though they formally notifed the council that they were vacating the premesis on a certain date?

                      Pretty sure her references wouldn't be much help. How would I go about finding about redirection of mail?

                      I really just want to get back in to the property, tidy up her mess and make it presentable again. I'd be quite glad to see the back of her to be honest...she's been a troublesome one for months! I guess I'll just have to hope that come the 26th, all her stuff is gone so I can get on with changing the locks and moving on.

                      Comment


                        #12
                        Originally posted by alphabeta View Post
                        How would I go about finding about redirection of mail?
                        Is there a pile of mail behind the door? If not, it as probably been redirected.

                        If so...

                        Write a letter to the tenant, asking for their new address and including a rent statement.

                        Put it in an envelope with "Rent Demand" in big letters on the front (and your 'return to' address on the back)
                        Post it, recorded delivery, to the rental property.

                        If it is re-directed, the PO will pt a sticker on it (for postmans use) with their new address.

                        Postman will try to deliver it to new address. Tenants will either:
                        1) Sign for it
                        2) Refuse it

                        If they sign for it, that's unfortunate, but you will at least be able to get a rough idea where they are living
                        from the RM website, where you can track the letter.

                        If they don't sign for it, it will be returned to sender (you), hopefully complete with the address label the PO put on it.

                        Comment


                          #13
                          Ooooo sneaky! Sadly I can't imagine her paying for mail redirection .

                          Comment

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