The tenant has not paid the rent for 3 months now. In March she missed the rent payment. When I contacted then and she told me that she was in hopital and will sort out the payment asap. I have waited patiently. After that contact, the tenenant does not answer phone and reply any message for the recent 2 months. I visited the property twice last month and no one answers the door. I have put the notification letter thorugh the letter box. But it seems that the tenant is not living there for as least during the last 2 months.
What can I do? How can I get the property back? I do not want to go thorugh the whole court process.
Try contacting any other email addresses tel numbers you have inc for friends/family or a guarantor.
Use a tracing agent (do you know which hospital- maybe still there?)
If possible make sure you have and keep a contemporaneous record of the conversation you had with tenant after 1m arrears w h en she said she’d sort payment asa p
You cant get the property back unless tenancy ends in one of following ways
A. Tenant gives notice
B .You serve s8 notice then (if needed) seek possession via the courts, baillifs
C. Theres a mutually agreed end of the tenancy
D. Property is abandoned you gather evidence and a court rules in your favour ( can be difficult- see threads here on 'Abandoned ')
As you have 3 months rent arrears you can serve a s8 ground 8 rent arrears to the address /contact email in the tenancy agreement if says can be sent by email
.
Unless they contest it (dont move out after the s8 ground 8 notice 4 weeks is up) you dont then have to apply to court for possession
You then have to deal with their possessions - giving tenant notice to remove t h em or v they will be disposed of etc - needs to all be done legally
First, is there a possibility that the tenant could still be in hospital…?
Second, if you suspect the tenant has abandoned the property it can be a legal mind field if you don’t go about things in the right way. You have to gather further evidence of abandonment and document it. Speak to neighbours, if possible, check to see if furniture has been removed. At each visit record meter readings to see if the property is being used. There’s lots of posts on this forum/ Google tenant abandonment to get further advice.
Many thanks @David240@Christopher32. Any recommandation of a good advicer or a eviction specialist? Really have no idea what I can do at the moment.
The tenant could be still in hospital but I do not know why she could not tell us. She has been a good teannt and I was worrying her wellbeing… I talked one neighour last month and they have no idea what happens to the tennant. I am planning to make another visit this weekend and try to check if the property is really abandoned or not. I know she is on benefit.
Can I check her benefit with the local city council? or ask the police about her wellbeing?
Someone could be in hospital for something serious so rent payment not their priority or their phone could have died or run out of credit or they might be avoiding as worried about the growing arrears.
If wholly on benefits maybe contact the council housing officer /whomever organised the UC there? Obviously any UC being paid to tenant for housing support is meant to be being passed on to landlords, you might be able to get it paid direct to you, or as not there they may no longer be entitled to it. They might hsve moved and be claiming in a new address tho less likely if have left stuff behind at your property. It’s totally legit to ask the council tho esp if the UC is for housing support but even just as a welfare issue.
If employed contact employer?
On one of the previous threads on 'Abandoned ’ someone gave details of professional tracing agents and it wasnt expensive.If you can give them as much info as you have they may be able to track down. You may have other info (name of employer, mobile number, etc) and i expect they might have access to sources you/we dont or have contacts to be able to check local hospitals. If someone is not in hospital and well then there would generally be phone records and financial transactions (atm credit cards etc).that can help find them as well as any updates on social media profiles linkedin etc
If a tracing agent cant find them you could report to police as a missing person?
(None of which gets your rent paid tho. so go ahead with s8 if you need to)
There are a list of nrla partners for legal /eviction services (inc the likes of ‘landlord action’) here
-i cant say which are better or worse every case will be different
Council will not tell you anything about her regarding anything as this is against GPDR. I would personally stick a piece of duck tape bottom of the door to see if anyone is entering. Mind you, your insurance will unlikely to cover you for anything happening, if house is unoccupied more than X days. She might be still unwell in hospital or passed away (hope not). If you have any other contacts then you could try them. You can enter if there is a genuine emergency. You might hear some water leak! If your landlord insurance has legal cover then you can get proper advice freely.
Update: I visited the property today. Checking through the window from the outside, their furniture is gone—at least from the front living room. It appears the tenant has abandoned the property. The current situation is: three months of rent arrears, no response to any contact for two months, and the property appears abandoned.
What is the next step?
Never attend any court before and just want to avoid the complexibity of court if possible.
Get a ladder , check upstairs look thru all the windows Empty. Do you smell gas? Get in and check it out. All empty? change locks. Others will say do not do it , I have done this for others . No problems
You need to get inside the property to gather further evidence that the property has actually been abandoned. A clear sign of abandonment is if the tenant has left their keys inside the property. As @Colin3 has already suggested, enter the property. If possible bring someone with you, it is not unusual for a tenant to have passed away in the property. If ever challenged you thought you could smell gas.
I wouldnt pussyfoot about just give 24 hrs notice for access and go in take pix. If stuff is gone clean it up and re rent it. This has happened to me many times they have gone and they are not coming back. Maybe go thru the motions of letters on doors of abandonment but i would get advertising the property straight away.
There is the law … which you should know … and reality. You can tie yourself up in knots with what ifs.
Document any stuff left and keep anything of value and get on with your business. Do NOT involve the council, they are not your friend.
Why dont they pay their rent by standing order like I pay my mortgage. It don’t matter if I’m in hospital barclays just want their money. It’s usually a sign they’ve spent it on something else. I’d be asking standing order immediately and if they switch to manual then sell the house providing you’ve got your docs in order. Section 8 paragraph 1B. I’ve found it’s easier to sell pay the stamp duty on another one and you’ve got rid of them. It’s really easy. Don’t bother with court. Just lose a few quid stamp duty and get rid of them. They won’t get another home again !!
I do Ray. Thanks for getting what I meant. It’s easier to lose the stamp duty than bother with the courts. Use the profit to just buy another one lol ! Someone’s got some brains. Cheers for getting my meaning
I know what he means, but I think he’s living in a dream world. Section 8 doesn’t mean your T will suddenly become cooperative. Few more expenses involved than stamp duty too.
Yeah… shame that Smiths don’t do those DIY Court Order for Possession packs anymore.
Thanks ! … …But have you actually actioned this strategy and was it because of the tenant or because you we were going to ditch a poor property for some reason?
. Thanks for the suggestion anyway, I should check from the back garden. need another visit.
…But have you actually actioned this strategy and was it because of the tenant or because you we were going to ditch a poor property for some reason?