Lost Tenancy Agreement - tenant left before end of tenancy

[DeeDubya20]

Hi there,

I'm a letting agent and have a tenant who did not pay Decembers rent, been unable to get in touch and been to the property to find it empty. The tenancy was due to finish in July.
Am I able to try and get the rent for the rest of the tenancy without the signed tenancy agreement?
I have the application form, deposit in the Dps and texts from the tenant confirming the start date. But without the tenancy agreement am I stuck?

Many thanks for any advice,

D

[jta]

Have you spoken to neighbours?

Does the landlord know what's happening?

Do you know the exact dates of the agreement? Are you saying the agreement was still in it's fixed term?

Why have you not got records of everything?

After a couple of months then Finder Monkey may be able to trace the tenants, they will lay a trail.

[DeeDubya20]

Spa to neighbours last night when I visited the property. They advised the tenants moved out last week to a new house (don't know where).

The tenancy started 3rd July 2011 for 12 months (AST).

I have all other paperwork but the tenancy agreement, must have mislaid it somehow. Kicking myself!

[DeeDubya20]

The landlord is not aware yet as I only found out last night.

[Faisel Balti]

Without the lease you're in rather a tricky situation as you can't re-let the property until august as there's always the risk that the tenant will re-emerge and want the property back. Although it becomes more unlikely as time goes on it's nevertheless something to consider. The fact that the tenant hasn't paid the rent does not give you any right to re-let until such a time that you have obtain repossession through a court of law.
FB
The above is merely my opinion only and based solely on my understanding of the law - I could be completely wrong.
FdubyaB

[DeeDubya20]

Am I able to legally try and get the rent for the rest of the tenancy without the tenancy agreement?

[mariner]

It is the LL who will have to get legal repo of the property, poss via s8 and chase unpaid rent. At the moment, without a T notice of intention to vacate or a 6 mo break clause, the T continues until end of fixed 12 month term. You can continue to try and collect rent but cannot instigate legal proceedings without instruction from your client LL. You should inform him immediately of the apparent abandonment.
I am concerned, you call yourself a LA yet have no grasp of the rel Law.
Hopefully, you were wise enough to give LL a signed copy of the TA.

[jta]

As soon as 2 'rent due' days are passed without payment, a S8 grounds 8,10 & 11 can be issued by the landlord, you are able to put it through the door of the property as his agent. That has a 14 day notice period before you are able to start court proceedings for possession, the rented property is the only address you have for him so it will be deemed served, if posting it send it normal mail and allow 2 days for service, you can get a certificate of posting from the PO for free, do it twice from different post offices, if putting it through the door, have a witness that you have done so.

By the time you have traced the tenant you might have a court date, it is essential that you follow the correct procedures to regain the property to avoid being accused of illegal eviction.

When you finally get into court you can be with the landlord but you may not speak, unless allowed by the judge. The PO will give the tenant a minimum 14 days to vacate, after that has passed you should be able to safely take possession, some here will tell you to organise a bailiff as well, if there are any tenant possessions there then that would be a wise move. If the place has no tenant's possessions though you are fairly safe.

Ps. Under no circumstances change the locks at this stage.

[jta]

Am I able to legally try and get the rent for the rest of the tenancy without the tenancy agreement?

Yes. The tenant will owe the rent up till the time you legally re-take possession or the end of the rental agreement. That's why you need to use finder monkey, he is a member here himself so hopefully he will be expecting your call, the sooner the better and if you have info such as his car registration number, passport number etc. it might be very quick.

[Snorkerz]

As soon as 2 'rent due' days are passed without payment, a S8 grounds 8,10 & 11 can be issued by the landlord, you are able to put it through the door of the property as his agent.

Only if the tenancy agreement gives the landlord the right to use section 8, grounds 8. 10 & 11. Without the TA then DW20 can't prove that.

Yes. The tenant will owe the rent up till the time you legally re-take possession or the end of the rental agreement.

But how will DW20 prove when the end of the tenancy agreement was if there is no contract to be found? Emails may suggest intent, they do not prove what was finally agreed.

[jta]

Only if the tenancy agreement gives the landlord the right to use section 8, grounds 8. 10 & 11. Without the TA then DW20 can't prove that.

.

(6) The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless:
(a) the ground for possession is Ground 2 or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and
(b) the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).

I agree about that, however how many modern AST agreements do not have that provision in, DD20 must have a copy of his standard forms.

To be honest I can't be bothered, bye.

[jjlandlord]

Note that the limitation re using section 8 is only that a possession order cannot take effect during the fixed term unless the tenancy agreement allows it.

[Snorkerz]

Note that the limitation re using section 8 is only that a possession order cannot take effect during the fixed term unless the tenancy agreement allows it.

Agreed, that gives rise to an interesting point.

When does the fixed term end if there is no agreement available (but presumably one in Ts hands). I guess it would be treated as an oral periodic tenancy and therefore only 1 rent period long - tenant is not going to want to prove otherwise by revealing their copy (and becoming liable for balance of fixed term), so DW20 should be fine with s8.