Tenant Gone AWOL

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    Tenant Gone AWOL

    Hi guys Ive got abit of a strange one.I let out four rooms in a property in the form of a HouseShare.Each person has their own Individual agreement and there hasn't been any problems thus far.

    Last month I rented a room out to a young lad who paid his rent a month up front and that was the last I have heard from him.His rent is now over due by a couple of days and according to the other tenants he hasn't spent much time at the house at all,maybe a couple of nights max and has only been seen twice.

    I have tried contacting him via text and phone but his phone just rings then goes to voice mail.I have left a message but it hasn't been returned.Concerned one of the other tenants has knocked and popped his head around the corner to see if he is there.He tills me that there are a few belongings that he can see in there so the guy has not moved out I guess.

    Has anybody had anything like this before?If he doesn't want the room I want to advertise it,but don't want to be seen as illegally evicting somebody out.
    What would be the best solution be to gaining access to the room and should I go to the Police to report a missing person?It all sounds very bazaar I know!!

    I'm now scratching my head on what to do.If anybody has any suggestions that would great.

    #2
    Do you live at the property?

    What sort of agreement has he signed and for how long is the tenancy? What refs did you get.

    Young people do this sort of thing all the time I find. He's probably gone off with a girlfriend or someone. in future take details of next of kin when you sign them up.

    What you do next depends on what he has signed up to.



    Freedom at the point of zero............

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      #3
      He could be in custody, in hospital, on family crisis, sh&g*n& someone whatever... Give it a bit more time. Report to Police next week. What emergency family/work contacts do you have ?? (You do have them??)

      Assuming AST issue s8 today, if he doesn;t come back take to court & asssuming he doesn't appear you may get court order.
      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...

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        #4
        The second months rent is only 2 days overdue? Its not a great start but I wouldn't be getting too worried at this point. Keep chasing and if the next rent doesn't get paid then issue s8.

        Comment


          #5
          If you do have to evict - beware! For section 8 to apply
          a) The tenancy agreement has to state that you can use it; and
          b) The tenancy has to be an Assured or Assured Shorthold Tenancy.

          For (b) to apply, it has to be the tenants primary residence, and right now we don't know if it is.

          Now, to be honest, most judges wouldn't even think about that and you would sail through with no trouble - BUT - if he was kicked out of bed the previous night, who knows? Or if tenant wants to stay and has a pedantic git like me representing him

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            #6
            Write a letter, giving 48hr Notice of room inspction and post to the property in his name. Then assess situation for yourself.
            I doubt you will get s8 repo if rent only 2 days late, so serve a s21b now. Could have just gone on holiday for x weeks etc.

            Comment


              #7
              Interlaken,

              Hi no,I don't live at the property.He has signed a AST for a month but he could stay longer if required.(I know minimum is 6 month anyway)He split with his girlfriend so had no references.He showed me a couple of recent payslips which I took as reference,Now I'm paying the price!No details of next of kin but a previous address which is his girlfriends gaff but she tells me they split up 2 months ago.

              I guessing he's shacked up with a new women but just keeping his room just incase....

              Comment


                #8
                You agreed a 1 month fixed term. Tenant can leave by end of that without giving any notice at all. Inspect & see if everything gone.

                AST can be 1 day - 6month minimum is a myth.

                Was there a deposit? Protected within 30 days?
                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


                  #9
                  Ok I'm hearing what you are saying.No deposit taken I take a small admin fee instead.I'm I best off sending a section 8 or 21 if the tenancy has come to a end?

                  Comment


                    #10
                    If the tenancy has ended it is no longer a tenancy: It cannot be, may not be, legally impossible to be an AST. So s8 & s21 would not apply.

                    But you need to find out has tenant left: Best way is a surrender deed signed by tenant (yes I know you can't contact him...)

                    Admin fee for what of how many £££?? Could tenant argue it was really a deposit??
                    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


                      #11
                      I thought that once the tenancy ended it automatically turned into a periodic tenancy if nothing changed?Admin fee of £70 for tenancy agreement and inventory.I put on the tenancy that no deposit was taken.

                      Comment


                        #12
                        I agree with you Sefton - an AST once the fixed term has expired tenancy becomes periodic.



                        Freedom at the point of zero............

                        Comment


                          #13
                          Technically yes but only if the T continues to pay rent. They got an AST from you for 1 month. They can leave at 23:59 on the last day of the month and that is the end of their AST. They don't have to give notice.
                          "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


                            #14
                            Yes i get that,However the T's rent was due on the 10th and its now the 13th and there has been no explanation as to why rent hasn't been paid from him.I'm not to bothered at this stage about the notice.If he just moves out then I'm happy but his belongings are still in the room and I can't seem to contact him...I'm I jumping the gun here?? or would I be best posting a Section 8 and 21a or 21b,Thanks

                            Comment


                              #15
                              If they left before the end of the AST, even if they left stuff, it seems the tenancy has ended and not become a periodic tenancy.

                              I would try his phone again, look for him on facebook, and contact his ex again. Wait a further week, bag up his stuff and change the locks. Then relet.

                              Comment

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