Tenant Potentially Abandoned Property

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    Tenant Potentially Abandoned Property

    Hello.

    I have an interesting situation developing with one of my properties.

    Two tenants, one hasn't been seen at the property for a number of weeks, other tenant is concerned about him. He was the person making the rent payments but has missed June's payment and was short on Aprils rent.

    He's not communicating with the other tenant, he's also not responding to my calls or messages.

    Other tenant is concerned if he doesn't come back.

    The question I have is how do you deem it if he has abandoned the property without being able to speak to him? The tenant still there cannot afford the rent if he abandons the house so she will at her own admission have to move out.

    Can I send him an email to advise we are concerned he may have abandoned the property and to give him a set amount of time to reply or we will deem it as such that he has left, and then arrange for the tenancy to end with the other tenant?

    He still has belongings at the address, are we duty bound to store these for him for a set amount of time after/should the tenancy end...

    Just need a little clarification on what we can and cannot do just in case this becomes messy.

    Any recommendations would be appreciated,

    Many thanks

    #2
    Is it a joint tenancy, or are there two separate agreements?
    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


      #3
      It is a joint AST tenancy

      Comment


        #4
        I'd ask the tenant to serve notice, which they can do for both of them, otherwise she will continue to be liable for the rent.
        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


          #5
          Is the tenancy still within the fixed term?
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            I have already suggested that, if it is the case that the other guy has "disappeared" she says he can't afford the property so she will have to serve notice on me.

            If notice is served by her and then expires the other guy then cannot claim he is the tenant and try to gain access?

            Feel bad for her to be honest.

            Comment


              #7
              it is still within the fixed term.

              Comment


                #8
                In that case, a valid notice cannot be served.
                There is no way to guarantee that there are no comebacks to you as a landlord in this scenario.

                As it's a joint tenancy, what I would do is get the other person to agree a surrender of the tenancy detailing why they are doing so, and that they have no further claim on the property or anything that may be left behind.

                You then hope the other tenant doesn't appear until after the fixed term ends.
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  I agree with that.
                  Unless the fixed term is close to its end, you are going to accept a surrender of the tenancy that, done correctly, both tenants have to agree.

                  But I don't think you have much choice (other than go the section 8 route for the unpaid rent and agree with the remaining tenant that they won't contest it.
                  But that would end the tenants chance of help from the local authority.
                  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


                    #10
                    Let's have some basic info by completing & pasting http://www.landlordzone.co.uk/forums...ll-new-posters
                    When does fixed term expire?
                    If remaining T is expecting Council assistance, she cannot serve NTQ, or offer early surrender (intentionally homeless?)
                    Best if absent T can be located to serve NTQ or offer early surrender to terminate the Tenancy

                    Comment


                      #11
                      Does your ta permit you to use section 8?

                      Comment

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