I think this has been covered elsewhere, but I cant find it. I have a couple, on periodic tenancy, who have expressed a wish to go, the notice was given on WhatsApp, (contract stipulates ‘in writing’ only) and I agreed. They have not paid any rent this month, the stated time has come and gone, the tenants have blocked all communication and are still in the flat. The next rent day is due in a week. What do I do?
A couple of other things Im not sure of are: Is it true that the police can be involved if they overstay.?
Is the notice legal?
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Would only ever accept notice in writing, they always have the excuse that they prepared the message on WhatsApp but didn’t realise they had sent it.
Suggest S21 notice but be quick before the government cock it up completely.
You could try informing them by recorded delivery you are going round to collect the rent and at the same time the keys.
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Their notice should be on paper, or by email if you have prior, wet-signed authotity from them to use email for notices. It should be expressed unequivocally, not a vague notion that they might leave. It should be a minimum of a month and end on the first or last day of a tenancy period or follow the notice clause in the contract if thats different.
Unless their notice was as above, you wouldnt be able to rely on it at court and their tenancy would continue.
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Thanks, thats helped, I can go forward from here.
Bill
Thanks again Tony and David!
Ive served a Section 21 notice, by registered mail, but now a neighbour tells me the tenants may have left the property. They have not communicated with me at all. What do I do about this? Can I enter the premises now? All very frustrating.
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Sorry I cannot advise you legally on this, personally I would be round there looking through the windows and if empty go in with spare keys and have the locks changed.
What does David think he seems more legally minded than myself.
minefield… I know what i would do … I would smell gas … Look thru the window see no furniture? Then go in . " in order to check on safety"
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Funny I had messed up my email address yesterday with Directline and 8 am I had a WhatsApp from them, al legitimate and I changed my email via WhatsApp.
Anyway just to be on safe side I rung them and confirmed that it was them and and they said they will send me there legal advise and it’s legally binding anything in the messages and this is there new thing !
So it could be that WhatsApp could be possibly legally binding ?
You can give 24 hours notice of inspection and then let yourself in with your key. If youre refused entry just back off. Take a witness, a camera and a notpad and record evidence of abandonment if theyre not there. Ask the neighbour to sign a witness statement.
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Look, thanks to all, a variety of very good ideas, I will take action on most of them, notice of inspection on top of list. Ill report back in due course!
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Have a look watch of this before you go:
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Thank you David122 for sharing this video that has been the most informative piece of information I have seen in my three years of note taking on the numerous occasions I have come across this topic. It provides step by step guidance, and worrying warnings!
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Thanks Tony, the flat is on the 2nd floor, cant look through the windows, anyway the blinds are down, all the time! But Ive got the idea!
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David, done as you suggested, tenants had abandoned the flat and left a pile of old furniture, filthy carpets and loads of rubbish. Small damage to some walls. Half done paint jobs. I video’d it and posted it on youtube Tenants Abandon Flat and Leave the Place Trashed - YouTube.
No real harm done, I can now move forward. Thanks for your help… each and all!