Help with disappeared tenants no rent paid

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    Help with disappeared tenants no rent paid

    Hi guys

    Basically I rented my house out to a good family with good income I gave them a 12 month contract( I know that was stupid). Now they are 3 months into there agreement and they haven't paid rent for this month. Last 3 months were ontime. So I tried to call the Tenant and it goes straight to voicemail( I have left 2 messages ) I also tried to text number the text does not go through. Also emailed them but have not had a response.

    So I went down to the house and knocked on the door no one answered, there are newspaper's over the front porch. .. so I have a peep through the letter box and I can see a few things in y thehe hallway I.e. ladder and something else I cant make out what it is. I can also see a pile of letters on the floor

    So im slightly concerned that they have have just disappeared because if they had gone away on i.e a holiday they would of informed me that they are going away but didn't.

    My neighbours have also said they havn't seen them Since they have moved in

    What can or shall I do from here I believe I cant issue section 21 because its only 3 monyhs into the 12 months on the contract. I was thinking about section 8 if they dont pay again next month

    Can I not put up a abandoned notice after section 8 has expired and if they dont respond just go and change the locks

    Please can you guys help on what I should do?

    Many thanks

    #2
    Originally posted by tanzil24 View Post
    if they had gone away on i.e a holiday they would of informed me
    Really? You've 'known' them for less than 3 months so they've obviously not had to inform you before. Did you have specific arrangements agreed?
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

    Comment


      #3
      They are tenants who were not known to me before the Tenancy started. ...no arrangements in place....

      Comment


        #4
        Not sure I understand you're reply "You've 'known' them for less than 3 months so they've obviously not had to inform you before"

        Comment


          #5
          Make an appointment to go and inspect the property in two days time, in writing,
          Push it through the door with a witness.

          At the time you have "agreed", again with a witness, go to the property and see what'd there.

          If the tenant contacts you to say you can't enter, you can't.
          But from the sound of it, they're not there.

          Once you have some idea what the situation is, you can decide what to do.
          But so far, they're late in paying rent (after three months that were fine) - it's a bit early to get too concerned.
          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


            #6
            When I go to inspect the property what am I looking for or checking. ...

            What would I do if all the furniture is still there and would would I do if it is not there....

            If the Tenant contacts me then I can aak them for the rent .... its one way of getting through to them. ..

            Comment


              #7
              Originally posted by tanzil24 View Post
              Not sure I understand you're reply "You've 'known' them for less than 3 months so they've obviously not had to inform you before"
              In your OP you said that if they'd gone on holiday they would have informed you. There's nothing to suggest that they would have informed you or had to inform you under any agreement that you had. I just find it strange that you assume tenants that you don't know would let you know their movements.
              "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

              What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

              Comment


                #8
                Im just concerned that they havn't paid the rent. .... Surely if they are going on holiday when the rent is due then do they not have to inform me that they are going and rent would be late......????

                Its rather concerning as they are now 7 days over rent....

                Comment


                  #9
                  Originally posted by tanzil24 View Post
                  Surely if they are going on holiday when the rent is due then do they not have to inform me
                  No they don't have to inform you. It would have been polite and considerate if they did. Unfortunately manners and consideration are lost on an awful lot of people.

                  Are they British?
                  "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

                  What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

                  Comment


                    #10
                    No they are not British. ... They are Chinese.....but concerned why they wouldn't pay rent on time even if they were on holiday. ...

                    Comment


                      #11
                      You're looking to see if they've completely abandoned the property or have just not been around for a while.

                      If the former, you start to seek repossession for abandonment, if the latter, you probably need to wait for the arrears to worsen before you can do anything.
                      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


                        #12
                        What would the process for seeking repossession for abandonedment?

                        Comment


                          #13
                          There are two schools of thought here.

                          One is that you should place an abandonment notice on the property, advising that you believe that the tenant has left and that you intend to secure the property in x (more than 5 days).
                          After x days, you change the locks and change the notice advising that you have secured the property and advising the tenant that they can have new keys if they contact you.
                          After 10 days, you essentially have possession.

                          This is still risky though.
                          If the tenant is on holiday for 6 weeks (or is in hospital or in prison) they still have a valid tenancy and you have evicted them illegally.
                          It's quite a common practice (a lot of people think it's the correct and legal process - which it isn't. It just works in most cases).

                          Personally I'd either wait until the tenant is two months in arrears and go a s8 notice route (the normal problem with this route is that it's easy to defend, which isn't likely to be a problem here) or take some legal advice.
                          There may be some helpful case law about abandonment that I don't know about that allows the process to be made less risky.
                          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


                            #14
                            Good article by Tessa here...
                            http://www.landlordlawblog.co.uk/201...onment-notice/
                            on abandonment notices & dangers etc...

                            & LLZ here..
                            http://www.landlordzone.co.uk/content/abandonment
                            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


                              #15
                              That's interesting (I suppose partially because I agree with it).

                              Amazing how many council web sites and landlord sites have the abandonment notice process as a guide, though.
                              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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