Yeah sounds like a legal minefield. I was in similar situation with some terrible tenants who didnt pay rent. So I served them notice to quit through solicitor. The council tax suggestion was good although councils inevitably side with tenants but they are usually dogged in pursuing council tax. Bet you she was getting council tacx relief anyway. I dont tthink she would be frightened by CCJ. You do need a good solicitor like most members have been saying. Dont thinks twice. The b@@@@@@rds stole all my furniture before they left. I went in armed with a neighbour and camera to prove abandonment. They left behind their dirt but I dont think that counts as a belonging. Thank God for all the good tenants out there.
If sheās changed the locks, sheās presumably broken the terms of the contract also, if sheās not given you a copy key.
Follow the above advice from Colin and A_A, but make sure you are solid on your evidence and position. I cleared out a flat of junk with a witness years ago, and was threatened with prosecution by the authorities, which they would have pursued had the tenant gone back to sign his complaint with them.
You have a right of entry for emergency maintenance and health issues. Not sure about legislative requirements of inspections.
She can file a complaint with the Housing Dept. and they will come after you just for the hell of it.
I would suggest you pursue the council tax avenue. If theyāre after you for the tax , they have then acknowledged the tenant is no longer responsible, clear cut evidence.
Council tax have accepted that I am not liable for any council tax. I do however have another problem I have told her on more than 1 occasion that I need to check roof. Next door complained to me that roof was sagging and causing damp . Again she hasnāt been living there and I canāt get access which I really need to do have left a letter at property requesting this but no response from her. Outside there is a skip containing her furniture etc (she claims there are a few bits in house she wants) and as to the rear garden it is covered in rubbish . Oh joy
You will have to apply for a court injunction to allow you to force entry for inspection and remedial action.
1 have they given written formal notice and has the due date of notice passed
2 are they still under contract or periodic
3 have you confirmed back and acknowledged notice, if so to where and did she respond as that gives you confirmation she is getting your post.
4 as they havenāt paid rent up to the abandonment date, i.e over 6 months you can seek formal eviction via the courts
5 Create a list of owings and state you will pursue for full costs (even if its so much a month forever)
6 Formally notify her of her responsibility to pay on going rent
7 Notify her that as she is preventing access for emergency repair and under the AST contract she will be liable and responsible for all repairs that occur from the time it was noticed, should it deteriorate beyond the initial damage. You will pursue costs and repayment
8 Create a log which 100% shows you are correct so you can gain and recover the full deposit
9 if you know her vehicle number this may help to track her down if needed.
10 as someone said s21 & S8 as you need to do the formalitiesā to show you are doing things correctly
11 if the roof is that bad you need to seek legal access via the courts, notify her of this and that charges will be claimed against her.
12 If you know the utility companies used, ensure they know she is still responsible.
RNLA may help but at the end of the day you will need to take legal advice and get a formal solicitors letter sent.
When and if you do go in, take an independent witness, video in hi definition, take loads of photos.
Then pursue her for all costs which you have accrued with receipts, loss of rent, interest as per AST you constant travel and expense to meet her but only for her not to turn up.etc etc .
She may not have the money at present but she will and can have judgements against her for the rest of time until paid. Two can play games.
If she has any common sense sheāll leave, move out completely and not wreck the rest of her life with CCJ, poor credit history, higher interest rates, refusal for loans and non acceptance for other rented properties.
I wanted to thank you all for your help RNLA seemed to say I could just go in . No I went for legal advice and issued section 8 she was pretty angry and all sorts of threats . Went in house to check roof ( next door seem to think my insurance will cover their roof Wrong). It is sagging but so are they all on that estate. Anyway said Shelter were on her side, havenāt heard from them very annoyed that I new her current address told me all sorts of lies but in the middle of her message on Facebook said I could have keys on 25th May so went in cleared house of rubbish put kids toys in storage I think she has now taken sensible advice cos I got a please can I collect xyz. I said sure give me a time and I will arrange access to storage . Also discovered partner was still with her and has full-time job in steel works . Solicitor says we have enough info on her lies to give her very rough ride in court so rock on . I have my house back but it is in a poor state needs a lot of work but husband built our house so time not too much money. Thank you all
Iām glad itās worked out.
OnlyĀ£20000 down blinking woman. Sheās now trying to be nice mmm her partner has been there all along and has full-time job in the steel works so going to court for debt I may not live long enough to get my money back but my grandson will. But thank you legals was the best way even though itās taken so long . Iām slowly selling all our properties Iām much too nice to be a landlord