Help with disappeared tenants no rent paid

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    #16
    Thanks for advise guys if I go down the abandonedment route I could in a few weeks get the property back and then re-let but this can come back and and cost me alot more later if they try to say ive evicted then illegally.

    Or I could wait until its two months over and go down s8 route which takes a few months and I loose out on rent...

    Can I issue the s8 wait for that to expire then put up abandonedment notice and go that route that way if they come back fter I have re-let the property?

    Comment


      #17
      Issue a s21 notice for the end of the 12 months (just as a back stop).

      Wait until they're two months in arrears and issue a s8 using the property address as the notice address.

      If they've abandoned, they won't respond or defend, and you can then take vacant possession once the s8 notice has expired.
      If you want to be 110% certain, continue with a bailiff eviction anyway - but if they're clearly not there, I probably wouldn't.

      I'd not want the risk of an illegal eviction.
      But I've seen the abandonment notice route (which is not correct in law) work in practice.
      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


        #18
        The contract ends on 04/2015 do I still issue section 21 thats a bit far away to issue this??

        When you say 'can then take vacant possession once the s8 notice has expired'

        Does this mean that I can just go in change the locked and re-let?, once the notice has expired? With out the possession order?

        Comment


          #19
          You need some legal advice.

          What you want to achieve has a number of routes.
          There is only one correct legal process to follow.

          Anything other than that contains an element of risk.
          The responses to your question have outlined the correct and some (not 100% correct) practical routes other have followed.

          If you have any doubts or want zero risk,
          follow the absolutely correct legal process.
          That will incur time delay and costs which I think you may be able to avoid, but you cannot avoid them risk free.

          Have you served notice on the tenant of your need to inspect the property, have they responded and what was the condition of the property?
          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


            #20
            I haven't yet served the notice to inspect the property I was going to wait until the 2 week mark to do this but im not sure what to put in the letter notice, ive posted the 1 letter advising of missed payment so far not had a response?

            Comment


              #21
              One thing no one has mentioned yet is the small matter of insurance in these situations. Your tenants will no doubt have a clause in their contract relating to breach of insurance T&Cs. They should also have a copy of these T&C's.

              Surely as L you have the right to protect your position and to avoid an insurance catastrophe. If the home were to burn down how successful would you be in claiming all of your £300,000 loss against the tenant.

              I think a strong letter witnessed through the box reminding them of these obligations and their potential liability would not go amiss.

              Surely there is a major defect in the law if you would not be allowed to make sure that you are protected against total loss.

              If you notify your insurers as to the position (as you must), they will no doubt void your policy, and you will be forced to seek insurance (at considerable cost) that is appropriated to a non-inhabited non-cared-for property. Why should the tenant not be liable for the difference.

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                #22
                Hi guys I posted a inspection letter to the house on monday for an inspection for today..... I knocked on the door no one answered... so tried to open the door but the front door lock has been changed so I had the back door key and tried that and that is also been changed

                What can I do now as in the contract it does state that locks cannot be changed without landlords permission , now thats one breach, sexond breach not paying rent this month, third breach is that the garren has not been maintained and is a ju gle now as well...


                What can I do please help?

                Comment


                  #23
                  Issue S21 & S8 (S8 with relevant grounds) today.: But given what's happened this one looks like it will take time & end in tears: Sorry.

                  Was deposit protected within 30 days of being paid & has PI been served??

                  You WILL be back possession of your investment but it's gonna take some time, £££ & persistence.

                  I would talk to neighbours, post man, milk-man - anyone you can think of who might give some clues about what is going on.

                  I would also talk to Police just to see if they have any suspicions - or indeed they might keep an eye out ...

                  Would advise against getting locksmith & forcing entry: (Yet..)

                  Best wishes & commiserations...
                  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


                    #24
                    In didn't protect the deposit at the time.... would it be too late to do it now? ?

                    Because I didn't protect the deposit I cant go down the section 21 route can I on 7th august they will be in 2 months arrears and on 8th can I send out section 8; notice and once that has expired in 14 days use the online service to file a claim procession. .. I have read that this is a quicker service? ?

                    Comment


                      #25
                      Originally posted by tanzil24 View Post
                      In didn't protect the deposit at the time...
                      Why on earth not?
                      "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


                        #26
                        Hi guys

                        A very interesting and painful twist to my property. ...

                        I went back to the property today determined to inspect the house... because the front door was locked I went to the back door again then realised I was trying the wrong key last time. .... so input the key in and unlocked the door before I entered I noticed the gas box was open outside I went and had a look at this and low and behond the keys to house are there. .. all of the ones I gave to the Tenant.

                        So I took pictures of that to show they have left the keys behind. Now I enter the property and the kitchen is full of flies buzzing around dirty pots the fridge had nothing in it... butnthr house absolutely stunk... looked around and I see these black pots like a basket...

                        I walked into the living room and it is full of these empty boxes and wires, tape paper all ovet the floor..

                        Now I entered the front room and this has one pillow and blanket thrown on the floor I haven't yet seen any furniture yet.... and then when I walk up the stair I see black sheets civering the stairs.... this didnt look good I enter the first bedroom and low and behold it is full of fertiliser and sheets stuck to the wall wires hanging of the ceiling. ..

                        My worst thought came true my house was used as a cannibis factory/farm... I look at all thenother bedrooms and they were the same sheets covering thr windows baby weed plans on the floor.... I go into the loft and they have made 3 holes in the chimney for ventilation. ...

                        So I come bak down stairs into the kitchen and look through the draws and I see a letter with the words ' I hereby surrender the property and tenancy agreement. With the Tenant signature.

                        Now im gona call the police in the morning... I couldn't call straight away because I was in shock and still am

                        Where does this now leave me with the Tenancy with the tenants because I dont think they will be coming back?

                        Comment


                          #27
                          Well, that's really bad. How much damage is there? Has the electricity been tampered with? Holes in the walls etc?

                          Originally posted by tanzil24 View Post
                          I dont think they will be coming back?
                          I think that would be safe to assume. You still need to do things by the book though. Might work in you favor now that you didn't protect the deposit. At least you've got the cash to put towards repairs.

                          Originally posted by tanzil24 View Post
                          Basically I rented my house out to a good family with good income
                          Just goes to show what lengths they'll go to to get a property. Strange they didn't pay up front I guess you must be able to grow a batch in 3 months then?

                          Out of interest what referencing checks were done?

                          As least you've got your property back now and can hopefully get back on track. Not that I've done it myself so I'm not on any high horse but next tenancy you could schedule a 1 month then 3 month inspection with the new T's?
                          "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


                            #28
                            Did you meet the main 'familly' members before signing AST, or just a front man?
                            Did you take pre T elec meter reading?
                            What is curremt eleec meter reading?
                            Leaving keys and written NTQ in property drawer is only an offer to surrender T. Either you accept implied surreneder and take immediate repo, or apply for immediate Court repo order for 'presumed abandonment. Ts remain liable for property & rent until repo is confirmed. Though I assume collection not possible due to false T details.
                            Provide Police with any t info avail.
                            I doubt Ts will pursued a claimfor non-protection of deposit, but who knows

                            Comment


                              #29
                              Wannadonnadoodah

                              The damage is in the loft with the holesbfor the ventilation this is the main one. The electricity has indeed been tampered with not sure what to do about that tell btitish gas? Only one place with holes in walls and that's loft chimney

                              Ive still got the depo so will use that for the repairs which things do I now need to do?

                              They looked like a good family.... but now doing research on internet there have been a few raidz on houses turned canibis farmz with chinese people. ... and they can do a grow in 3-4 months...

                              I didn't do any referencing either (lesson well learnt)

                              Ive noted the things you have said.. next tenancy will be more cautious. ..

                              Comment


                                #30
                                mariner

                                I met the 2 adults in the family it was a couple.... thr lady was agood looking lass... now thinking of it thy use that to there advantage. .. I have taken a pre elec reading but havmt yet taken the current one but electricity meter has been tampered with. ....

                                How can I accept the implied surrender? Shall I sill uae section 8 repossession?

                                Comment

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