My tenant has moved out and renting another property with her partner. She is still paying the rent and has the tenancy until May 2023 and says she wants to keep renting the property in case it doesn’t work out with new partner. She has left the property in a disgusting state with rubbish, food, clothes, all over the floor. Property is unfurnished and she had friends dogs to stay there without permission who have messed and spread dog mess all over her furniture and our carpets. She has 2 rabbits living in the kitchen (without permission) and the kitchen is covered in rabbit droppings, straw and food leftovers, she hasn’t been there for a week and the rabbits don’t have fresh water or any food. She has a bag of corn unopened spilled all over the floor which concerns me in case we get rats. She has told the gardener not to come which is her responsibility to maintain the garden.
Would it be classed as emergency to go in without notice to check the rabbits welfare?
Can we give her notice for breaking tenancy agreement?
She told us she will clean it up when she moves out but in the meantime the property may be deteriorating and attracting rats.
She is not short of money and she became a friend as she lived next door so difficult to know what to do.
You dont meed a reason to serve a s21 notice so if you can serve a valid one, I suggest you do that today.
I would inform the RSPCA. To leave animals to suffer from thirst and hunger is an offence.
Friends and Business don’t mix
She’s almost certainly breached the agreement. Standard clauses include ‘using the property in a tenant like manner’ and ‘using the property as her principal home’. If so you could give her notice under at least grounds 12, 13, 14 and 15 of section 8, even if you can’t issue a valid section 21 notice.
If she moves out but keeps tenancy going I believe your building insurance will become void and they’d need to be notified property not occupied
Thank you for all the very useful replies. Sorry for delay in acknowledging as I have been away.
You would be very lucky to get possession through s8 discretionary grounds, so I would still suggest s21. You might try persuading her to serve notice first.
Can I serve S21 if still in fixed tenancy until May 2023. (she has taken the rabbits now to her new rental but still the mess to clear up)
No, you cant serve s21 to expire in the fixed term. Try persuasion.
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