International Student left before end of tenancy term - Not returned keys -

[Lawcruncher]

I do not think that a further check out is needed if the tenant really has left.

[applewhite]

Thanks Lawcruncher - I really appreciate your advice.

As mentioned the tenancy check out was conducted yesterday as agreed with the tenant but without him present. I have a copy of the inventory and photographs - Would I need to have a further check out completed post 28th August or do you think that this would stand given that it was the last time (if it is) that he was at the property?

I'm not sure if Im asking this question in a clear enough way - so forgive me if I'm not making sense!

[Lawcruncher]

I appreciate its a grey area but all things considered would these instances support a surrender of operation?

We are getting near. Let's wait a day or two and see if there is a reply. The measures you have taken so far are reasonable and should not cause you a problem. Bear in mind that rent is paid up to the end of August so you are not really losing out.

[applewhite]

Thanks all - I emailed the tenant last night as law cruncher suggested - I've not heard anything back yet and to be honest I don't expect to.

Law cruncher, thank you for replying to my post regarding surrender by operation. Would it not be reasonable that he has surrendered as he advised me he was leaving (via text), we then arranged for a check out to be conducted during which time the keys would be collected (via email and text.) The tenant confirmed that this was ok. A check out took place (during which he didn't show) Finally, he has asked for his deposit back.

I appreciate its a grey area but all things considered would these instances support a surrender of operation?

Thanks again,

[Trigger]

Thank you for your response.

That's really helpful.

Am I able to give him a time frame to reply to me by for him to confirm this?

I have just been advised (by the lady who went to the property to conduct the inventory) that there is a huge amount of food debris left out - including raw meat (?) The heating is also on full and the flat is very hot.

I'm really concerned that if I don't remove the rubbish and food stuff soon we will have an environmental health issue on our hands.

Id be very careful here, as i had a similar situation myself. I was advised by a neighbour that my property had been abondoned (owing 2 months rent). I went round to visit to find light on and windows open. I tried contacting tenants with no response, so entered the property to switch off lights and secure the property, but was carefull not to disturb anything that had been left, including bags of rotton food, car litter tray loaded with crap etc etc. An abondonment notice was posted on the door with contact details, after 28 days a checkout was arranged, which the tenants didnt attend obviously, and it was then that i was able to start to tidy up the property safe in the knowledge that the property was mine again.

I was advised even though i seen the state the property was in, i couldnt touch anything until the abandonment or agreement had been finilised.

[MrJohnnyB]

Thank you for your response.

That's really helpful.

Am I able to give him a time frame to reply to me by for him to confirm this?

I have just been advised (by the lady who went to the property to conduct the inventory) that there is a huge amount of food debris left out - including raw meat (?) The heating is also on full and the flat is very hot.

I'm really concerned that if I don't remove the rubbish and food stuff soon we will have an environmental health issue on our hands.

The issue that arises with your point is that, non-communication cannot be acceptance. Thus if you say "I will assume you do not want the property if I do not hear from you in x days" would not be acceptance of your offer of a surrender.

[Lawcruncher]

I would not for the moment set any time limits. See how long he takes to reply. The food situation is a bit different. Mention that and say that unless you hear within 24 hours you will dispose of the food. I think you can turn the heating off!

[applewhite]

Thank you for your response.

That's really helpful.

Am I able to give him a time frame to reply to me by for him to confirm this?

I have just been advised (by the lady who went to the property to conduct the inventory) that there is a huge amount of food debris left out - including raw meat (?) The heating is also on full and the flat is very hot.

I'm really concerned that if I don't remove the rubbish and food stuff soon we will have an environmental health issue on our hands.

[Lawcruncher]

There is an element of uncertainty here. Since you are in email communication with the tenant your need first to advise him that in the circumstances you describe above you have, as the law allows where property has apparently been abandoned and in any event because he as told you he has left the property, changed the locks to ensure the property is secure. Go on to say that if he in fact needs access to the property keys will be available and say where. Then go on to say that if he confirms that he does not require access to the property does he confirm that he surrenders the property. Finally, say that if he does confirm he surrenders the tenancy you will be able to get the agent to do a final inventory check after which consideration can be given as to what claims, if any, can be made against the deposit.

[applewhite]

As mentioned he emailed me this morning with just the words "i want my deposit back" . I am going to email him advising that I am waiting for the outcome of the inventory report.

Given that he is requesting his deposit back and that he has advised me that he has left for China does this constitute him surrendering his tenancy?

[Mrs Mug]

Given that he didn't turn up and has now left for China

But how do you know that this is true? You need to be very careful that you haven't got a professional tenant who knows how to play the system.

There have been threads like this on the forum before where the tenant has given the impression that they have left, only to turn up again a few days later.

You should do as JohnnyB advises, and put a note on the door. But do not enter or relet the property until the end of the tenancy, especially as you have had the rent in advance.

[applewhite]

Hi both - It was the third party inventory company that was due to meet with him today to check him out - They found the property open and didn't have a set of keys to the property so couldn't secure it.

Given that he didn't turn up and has now left for China the property needed to be made secure and changing the locks was the only option to do this today.

Does this sound reasonable?

[MrJohnnyB]

So why didn't the landlord just lock the door instead of changing the locks? That would have been reasonable.

Maybe landlord has not got a key? In any event I do not believe changing locks and leaving notice would prove to be unreasonable, or intentionally attempting to remove T's rights, simply protecting OP's reversion.

[Mrs Mug]

So long as LL can prove they acted reasonably and had no intention of excluding T of their right to the property.

So why didn't the landlord just lock the door instead of changing the locks? That would have been reasonable.

[MrJohnnyB]

I think that you need to urgently change the locks back, because this looks like a very good case to be classed as illegal eviction.

I do not agree... Providing OP posts a note on the door stating that keys are held by himself/LA and then giving address & contact details and stating the reason of securing the property would be more than a good enough reason for doing this if it went before a court. So long as LL can prove they acted reasonably and had no intention of excluding T of their right to the property. On the balance of probabilities, correspondence and so forth, I cannot see any court pursuing this.