We rented to a tenant back in 2022, all was fine until last year when we started getting payment from another account, all on time with no issue. The previous tenant had actually left and moved a family member in. Whilst not ideal, we then wanted to sort a tenancy agreement with them as they were paying on time and generally we’re all good.
However, they didn’t pay this month, can’t be contacted and after dropping a couple of letters at the house I’ve noticed that the house itself is empty - though some fairy lights have been left on inside and a pushchair and pair of shoes left outside. I’ve heard from a neighbour that the children have left the school too.
What are my next steps here? They don’t have a tenancy agreement, but do have an implied one? The house is empty - but they haven’t handed the keys back. I have no contact details apart from a name. Do I just change the locks and put a note on the door advising abandonment?
Landlord Action have said to go the legal route, but I’m not sure who they will serve against
You do have a tenancy agreement… with the original tenant. And, because you accepted rent from the family member, you also have a tenancy agreement with them too.
If you are still in touch with original tenant, you need to get them to sign a deed of surrender to end their tenancy. Can you not get contact details for this family member from them? The family member should, ideally, give notice or sign a deed of surrender and hand back keys.
What have you done with the deposit?
Whatever you do, don’t enter the property or change locks at all. A note on the door advertises that the property is abandoned to anyone who might fancy breaking in. A note through the door asking them to contact you would be better.
In your situation, I’d go legal at this point. Better late than never.
Tenant 1 has been evicted and lost deposit. He was “okay” with this. The claim was through Openrent. I’ve tried a good few times to get their contact details, I did have a number for the current “tenants” but they’re all dead now.
So it’s just tenancy 2 that’s the issue. I’ve popped 2 letters through the door. The house itself is totally empty of belongings/furniture.
Sure, Tenant 1 (with a tenancy agreement) moved in around 2022.As soon as I knew he’d left I issued a section 8 and claimed the deposit. He moved out in April/May 25, I found out in November 25. Tenant 2 was a “relation” to tenant 1, the view was to give them an agreement as they’d been paying the rent for 6 months. Now tenant 2 has stopped paying, and the house is empty, though there is stuff dumped in the garden. Nobody has seen them since before Christmas.
Legal folk here will be able to tell you what sort of tenancy you had but as verbal with nothing recorded just payments received its going to be hard to prove or enforce anything
When did tenant 2 pay rent from/to?
Check if they have been paying council tax, and utilities?
Is post piling up?
Think along with neighbours reports that they have left along with children left school and empty house plus rent arrears that you have evidence of abandonment
Tracing agent?
See this chain also
Why not do the legal steps (s21 etc), keep gathering and documenting evidence they have left and meanwhile clean place up and do viewings. What is the hurry to change locks? Doesn’t sound like they have caused lots of damage or was someone you wanted rid of.
That way if they do actually turn up again in a week you haven’t illegally evicted them
Well @Ashley33 can perfectly reasonably schedule an inspection visit or go with a gas engineer to do the annual gas safety check and legally enter as part of that.
@Ashley33 is confident they have left saying property is empty nobody seen since before Xmas and children no longer in school. On their own none of these would be taken as Abandonment but all three together is suggestive. But could wait a couple more weeks visiting every day at different times inc evenings (to see if any lights on) if has only been since just before Xmas to be more sure
After a month of emptiness has gone by, Why would entering to inspect an apparently abandoned property you own and do some maintenance (cleaning) possibly be an issue- there have been no probs with the tenant, LL has allowed them to stay without any referencing or even maybe meeting them, multiple reasons to think it’s been abandoned (rent arrears children not at school, not seen since neighbours). If for sake of argument they are hiding in a cupboard they will be found. If they return at end of month they haven’t been illegally evicted they still have keys and LL has kindly cleaned for them.
Google the abandonment video by housing lawyer David Smith. If you can gather enough evidence, (like the children being taken out of school), you may be able to avoid the s8/s21 route.
I went to the house on Wednesday last week, the tenant had left a key under the bin outside. The letter I had posted a week before had gone, but nobody had been living in the house for some time, bread was mouldy, fridge was empty apart from a mouldy melon. Gas had been moved to prepayment and there was no credit.
I turned the water and the electric off - and put up notices on all the doors to advise that we think the house is abandoned and to contact me. That’s 1 week with no contact now. (3weeks in total) and 6 weeks since the house was last in use (according to neighbours that was the last time they saw them)
@Ashley33 sounds like multiple sources confirm abandoned and implying end of tenancy - keys returned your letter gone (so you have had contact), neighbours advice, no gas/heating in cold weather.
that’s exactly what you needed. Glad you can move on with your life now. I think you’ve actually got off lightly here and I’d be thankful in your shoes.
It sounds like tenant 2 is illegal ie squatter he had no official right to be there and the original tenancy agreement has been finalised so surely you can simply reclaim your property
