Tenant has left before the end of notice period can I go into the property to clean.

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    Tenant has left before the end of notice period can I go into the property to clean.

    My tenant of 2 years gave 2 months notice to end tenancy on January 8th 2013 and said the property would be vacant from 14th March 2013. Yesterday I received a call from the agent, who found the tenant originally, on a tenant find only basis, who said the tenant had just come and gavethe agent the key to my property. The Agent told her she wasn't responsible for the key and to give it to me {her LL) and the tenant said "I'm leaving now and going to Holland and won't be back. The Tenant then left.

    I went and picked up the key and went to the property yesterday and all the furniture has gone from the house.All of the tenants personal property has gone except for some items of food in the kitchen and a few jars,vases and some rubbish in the garden.She has left all the keys to the property. The rent is paid until 13th Feb. I don't expect I will get the rent for March. Nothing has been cleaned as per the info I sent her. So can I legally go into the property now that she has handed back the keys and says she is not coming back?

    #2
    Technically no, especially if you are going to sue for the rent from 14 Feb to 13 March. However, by her actions the tenant has made it pretty clear that she views the tenancy as at an end (even though legally, it isn't, yet).

    Are you in text or email contact with the tenant - could you email her to get her to agree in writing that it's OK for you to go in and clean in return for not pursuing the last month's rent ?

    What's happening about the deposit?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      Thanks for anwsering my question.

      I have the deposit with the DPS. I have a mobile number that I rang her on yesterday and so far she hasn't responded. I don't think she will either.She told the agent that she would email the agent and she could pass it on to me, but I don't know when that might happen.
      I was hoping to make a single claim through the DPS to cover the rent and for cleaning.

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        #4
        On the facts tenant has left, last time I had similar situation made claim for return of deposit took a while but got it back.

        Technically wrong but if it was me try once more to get hold of tenant failing which get it cleaned and relet and move on with your life.

        I very much doubt you will hear from tenant again.

        You have got 2 years rent presumably so not a complete disaster.

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          #5
          I have tried to txt her this afternoon, but the message was not delivered. I assume she has changed her phone. So now have no way of getting hold of her. Up until December she had been a very good tenant, not sure what went wrong!
          Thanks for the advice.

          Comment


            #6
            I think that if you go in there and regain possession it may well look as though between you, by your actions, you have terminated the tenancy. That would probably be OK except that you seem to be suggesting you will still be wanting the rent for 14 Feb-13 March. If you harbour designs on claiming the unpaid rent from the deposit, you should really stick to the rules and only regain possession on 14th March.

            Having your cake and eating it spring to mind...!
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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              #7
              The LLs dillema
              At the moment T has only offered to surrender T by returning keys, you only entered to ensure property secure and services turned of.
              If you enter to re-decorate, on that day you effectively accept T surrender and T ends by 'force of law', as does your claim for future rent.
              It would appear T is willing to cede deposit to you.
              You can only claim cleaning costs to orig moving in inventory condition,less fair wear & tear.
              I would be inclined to return keys to LA until you are willimg to accept surrende and wish to enter property to re-decorate. Then make a single person claim to TDS for return of full deposit to you. I doubt T will contest.

              Comment


                #8
                Originally posted by mariner View Post
                The LLs dillema
                At the moment T has only offered to surrender T by returning keys, you only entered to ensure property secure and services turned of.
                If you enter to re-decorate, on that day you effectively accept T surrender and T ends by 'force of law', as does your claim for future rent.
                It would appear T is willing to cede deposit to you.
                You can only claim cleaning costs to orig moving in inventory condition,less fair wear & tear.
                I would be inclined to return keys to LA until you are willimg to accept surrende and wish to enter property to re-decorate. Then make a single person claim to TDS for return of full deposit to you. I doubt T will contest.
                I cannot return the keys to LA as they acted for me as tenant find only, and only took the keys on Sat as a goodwill gesture and I don't think the the tenant gave them much choice by her actions.

                It was a good job I did go and look over the property as the tenant had failed to secure the place properly, left one of the front doors unlocked. We turned off the electrics,put down an old bathmat from the bin to soak up any water from the defrosting freezer, and read the meters. Sorted the rubbish bins as they were over filled and the contents blowing about.

                I will only be making a claim for a general cleaning, including carpets as she had a dog, oven and cookerhood. The paintwork is general wear and tear and I accept that. But she has left me with a conservatory of black mould that needs to be remedy. Like others with this problem, I had people over to inspect it and had given the report to her and the solutions, but she did nothing about it. (This is the reference I made to she was a good tenant until December).

                Had she been honest with me I would have happily ended her tenancy early, as I have already got another tenant who would have gone in beginning of March but had to wait until April. So I have lost rent by her actions.

                I just wish tenants would leave the place as they find it.Everytime I end up cleaning and claiming! But never had someone disappear before!

                Thanks for the advice

                Comment


                  #9
                  A quick update. Council have written to me to advise as of 10th Feb I am responsible for Council tax. I have rung utitlity companies and Electric, BT and Water accounts are all closed.

                  Has she ended the tenancy?

                  Thanks for your advise

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