Tenant causing me problems in getting property back on the market

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    #76
    My Tenant appears to have gone AWOL after giving notice - where do I stand?

    My Tenant gave early notice on 21st September by email half way through their 12 month tenancy. I have written to them and asked them to sign a 'Notice to Quit' form and provide me with an exact move out date so that I can re let. I have tried to contact them a few times although have received no reply at all since, and it appears they have moved out. Basically they have gone AWOL.

    So where do I stand? Is their email notice enough even though they are still within the 12 month AST?
    Can I advertise and start viewings?
    What about check outs/inventory as obviously they are not around?

    Very much appreciated as always.

    Comment


      #77
      What did T notice say? Exact words please.
      I assume there was no break clause in AST?

      Comment


        #78
        This is the exact notice given from the tenant:

        "I am sorry to say that we have to give notice for the property xxxx. The mold has become too much it has infected our mattress and a lot of our clothes which have all been thrown away on account of how badly covered they were I have enclosed a pic of the mattress so you can see the extent of the problem. There is also our health to consider as we haven't been feeling well because of this, this was mentioned in your last inspection but you didn't really seem to be too bothered by this. We will be moving the rest of our stuff out in the coming weeks and arrange a date for the final inspection as well as handing over the keys. We would of liked to stay there for the duration of the tenancy but are unable to for continuing health problems and having to find the money to replace the items we have had to throw away.”

        To be honest there is NO MOULD as I have checked and this is just an excuse, I lived in the property for many years before myself. Tenant HAS NOT responded to me with regards me doing an inspection and I have provided tenant with notes on ‘Condensation’. That’s fine by and I am happy to let them leave early.

        There is no ‘Hard evidence' of them breaking a clause’ although I know they have kept pets and grown cannabis.

        So back to my question. Can I now start viewings and re let the flat from the date they gave notice?

        Comment


          #79
          I take it this the same Tenant http://www.landlordzone.co.uk/forums...ats-good-right in your previous thread !
          Thunderbirds are go

          Comment


            #80
            Originally posted by Matthew_1000 View Post
            This is the exact notice given from the tenant:
            That isn't notice.
            That's a note telling you that they're going to give notice.
            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


              #81
              Two related threads have been merged.
              I also post as Mars_Mug when not moderating

              Comment


                #82
                Now you can see my utter confusion. It appears the tenant has given notice, yet having ‘no response’ since has kind of left me in the dark.
                I really don’t trust what they are up to.

                I’m not expecting next months rent, so are they suddenly a sitting non paying tenant even though they have moved out?

                Comment


                  #83
                  You're making things complicated.

                  The tenant hasn't given notice.
                  They are still within the assured part of their tenancy.
                  They haven't not paid their rent yet.
                  They're a tenant and they currently own the flat.

                  All the stuff about mould, bin bags and cannabis is meaningless.

                  If you can contact your tenant you can agree with them to formally change or end the lease;
                  they'll want to not be liable for rent etc.
                  But if you can't you'll have to act unilaterally.

                  Does your tenancy agreement say anything about not leaving the property unattended for a period?
                  If they're in breach of that, you can serve an s8 notice they're unlikely to contest.

                  See also http://www.landlordzone.co.uk/content/abandonment,
                  although there has been a lot of debate about the process of changing locks as advised therein.
                  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


                    #84
                    I have contacted the letting agent who informs I CAN actually go in and do an inspection if the tenant does not reply to the 24 hours notice. I will need to put an ‘Abandonment Notice’ up for 14 days before I can re let.

                    Comment


                      #85
                      I wouldn;t rely on an agent for legal advice: They require no training, no qualifications, no membership of any professional body, no criminal records check, nuffink!

                      They work for you. However he is right, write giving at least 24 hrs notice at reasonable time of inspection: If tenant is in & asks you to leave depart politely.

                      The whole "Abandonment notice" approach is legally iffy...see this.,..
                      http://www.landlordlawblog.co.uk/201...onment-notice/
                      ..from Tessa, a solicitor specialising in landlord/tenant...
                      Urban Myth – you don’t need to get a possession order if you use an abandonment notice
                      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


                        #86
                        Finally have written notice of leaving date by tenant to my Agent when asked by them. They clearly didn’t want to respond to me even though I am managing the tenancy.

                        However only 3 weeks notice opposed to the 4, can I take 1 weeks rent from their bond?

                        Comment


                          #87
                          Your tenant can't give (valid) notice during the fixed term, whether 3 weeks or 4. He is still liable for the rent until the end of the fixed term, unless you agree something else with him (early surrender). If you're going to agree to let him out of the fixed term early then it is up to you what goes into that agreement - what are you prepared to accept in order to get possession back?

                          Comment


                            #88
                            To be honest his is a bad Tenant so I would just like him out as soon as possible. I have responded to him by accepting his notice to leave. Is that not enough? Or is signing the ‘Notice to Quit’ form crucial?

                            Comment


                              #89
                              If T is still in fixed term, then it is not NTQ, but 'offer to surrender'. You have accepted his 'offer'.
                              You should bothe sign a Deed Of Surrender' on final dayto legally end T. for mutual protection.

                              Comment


                                #90
                                Tenant causing me problems in getting property back on the market

                                My tenant who gave notice last month has not responded to myself or agent regarding viewings for new tenants. I have done a Landlords check and tenant appears to have moved out although there are many belongings still there including on the floor which looks very dirty and a complete mess, cloths etc... (even durex wrappers on the floor).

                                Now my concern is the tenant is not responding to my agent doing viewings, can my agent just go in and do viewings after giving 24hours notice whether tenant responds or not?

                                Also since the the tenant is not responding I am also concerned about the grubby state of the flat which is not at its most presentable for possible new tenants when they view. I dont want to touch their belongings so what else could I do?

                                I expect the tenant to move all of their belongings out on their final day, however am I able to hold any of their bond back due to the problems they have caused with getting the property back on the market?

                                Comment

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