I have a tenant who has always paid the rent on time.
The day the rent was due 21st the tenant text messaged me stating that he has returned back to his home country as his father is ill and that he’ll return on 28th back to the UK which I was fine with.
Come the 28th, the tenant messaged me stating his father is still ill for a few days and explained in broken English some of which does not make sense to me that the house key is underneath the bin.
Alarm bells started ringing as he has left the key underneath the bin which I now have in my possession, I have no idea why he would place the key underneath the bin and for what purpose!
Tenant has left the lighting on in one of the rooms, blinds partially open and the upstairs bedroom window is open.
I’ve entered the property as his message said something about the rent, so I was hoping it’ll be on the table or something but I couldn’t find it other than letters on the door mat and on the table.
I haven’t inspected the whole property as there were several trainers in the front room, so thinking he hasn’t abandoned the property at this stage.
I’ve messaged him and attempted to call the tenant to find out more details and what’s going on with no success, the phone is off!
What should I do? How long should I wait for? Should I inspect the whole house? Should I change the locks?
I would text back advising that they should not have left the key in that place but for security reasons you have retrieved the key and advising where they can collect it from.
They are responsible for the rental payments until they have provided valid notice to quit and are responsible for rental payments until they have correctly vacated.
I would suggest issuing a formal letter to advise their payment is late and to make payment to avoid any further action.
If the rental payment remains outstanding you need to follow the formal process to retain access to the property.
If in the meantime you do want to inspect the property, issue a notice to them to advise them of when (giving notice as per your AST) you will be visiting the property. It’s up to them whether they are present or not.
I think it’s an abandoned
Left key under the dustbin is a red flag
Window open …
What does the fridge look like?
Any valuables left behind ?
I would notify tenant that you are entering urgently to secure the house as they are away and a window is open and as the other chap said hold the key for security
Write to tenant ref fridge content utilities etc
Confirm ( without anatagonism ) if they have left so you can shut down utilities and council tax
Ask what they want to do with their belongings
Leave out the rent issue
Usually writing to the tenant regarding the bills excluding rent brings them to the table
@A_A, Just to clarify the upstairs bedroom window is open which I guess is fine, if it was downstairs bedroom window then I’ll be worried, lights have been left on in the landing and the front window blinds are partially open.
In terms of valuables, TV, sofas, dining table which are his possessions are in the property but if he’s gone abroad they’ll be no way that he’ll be taking that back.
A few utensils are in the kitchen, no much found in the cupboards and not much in the fridge either.
Upstairs one bedroom is locked the other bedroom a few items of clothing is all I could find.
I’m happy to wait a little but if the tenant does not respond back either to my messages and his phone is off where do I go from here?
never had this happen to me . But you cannot be certain that he will not come back , leaving the keys is strange tho. His stuff is there , you are in a sticky situation. This tenant may be telling lies , but you cannot be certain. I would keep sending messages asking is he giving the place back to you
Leaving windows open is not fine
If you went away you would lock your house down .
It’s a red flag and negligent of a tenant to do so.
Your insurance would not be valid
What happens if it creates access for someone to rip out your copper and boiler
Forget his stuff , you have belongings in there too.
Our contract tells them what to do if they are away, including locking windows .
Did you provide locked bedrooms?
Is that lock installed by the tenant ?
You need to know what’s going in in the locked room.
Is the fridge on or off
Ask him if he’s like you to throw away his food and turn it off to save utilities accruing
As Colin has said you don’t actually know the tenants agenda .
Silence is a red flag but it could be a ruse for you to fall into the trap of illegal eviction
Is he in the AST or periodic?
How many months are his arrears ?
Write to the tenant in a non confrontational manner (AST or periodic )
Just ask him where he stands so you can notify the local authority of his departure , if he has in fact departed, so he doesn’t accrue bills and the same for utilities.
Don’t mention arrears etc
Politely say you’ve locked the window as leaving it open is a security risk
And as the other chap wrote say you have taken the key for safe keeping
Leaving it outside is too much of a security risk for his belongings
Write as though you are trying to help the tenant
The locked bedroom may hold the key though
Can you access it ?
Wait for a reply
How long has he been at the house ?
@A_A, He’s been a tenant for approx 3 years, the rent has always been paid on time.
The bedroom door has always been lockable. I don’t think I have a spare for it, so will need to break the lock to enter if it comes to that
The fridge is still on but hardly any food in there.
It’s a rolling tenancy, I’ve sent him a friendly message earlier stating I have obtained the house keys from the bin and if he could let me know when he is planning on returning or whether he has no intentions of returning. Phone is still off
I’ve sent another polite text message advising the tenant that I’ve obtained the keys underneath the bin and that they are in my possession.
I’ve also requested if they could let me know when they are planning on returning or whether they have no intentions of returning. The phone is still off.
As the key was underneath the bin, if someone saw the tenant placing the key underneath the bin they could’ve have easily made a copy of the key, waited x amount of days and raid the house. Unlikely I know but still in the realms of being possible. I’d rather be safe than sorry hence why I changed the lock.
I live around the corner so could easily return the key to the tenant if they were to return.
I’ve inspected the house, there was not much I could see in terms of food items in the kitchen cupboards and the fridge.
One bedroom is locked (it has always been lockable) which makes me think the tenant is intending to return. However if he doesn’t what concerns me is that I have no idea what’s in there and whether I should notify the police.
The other bedroom I could only see a few items of clothing.
The dining table, sofas and TV is the property of the tenant, however I can’t see them taking any of these if they have no plans on returning back.
The tenant is Lithuanian as said they’ve always paid the rent on time. I only have their contact number, no email address.
In light of the above, to be fair and to give the tenant the benefit of doubt, I intend to wait 2 weeks, max 1 month if still no response received I think it’s safe to say the tenant does not intend on returning and therefore I will advertise the property to other potential tenants. I think this is more than fair and reasonable on my part.
Did you mention utilities ?
If you have changed the front lock then you must notify the tenant and the reasoning why so if it comes up you have reason to have done so and it does not look like an illegal eviction
Do you know where the tenant works?
You could contact his employer to see if he is still working…
Your difficulty is that there sounds to be insufficient evidence of abandonment, so you either need to agree some form of surrender in writing, (eg text and/or email) or serve notice on the tenant and wait for several months for due process. I would suggest you try to ask him outright whether he would like to end the tenancy now and have no more rent to pay. He might just agree.
Tenant has genuinely gone abroad, there is a reason as to why the phone is genuinely off. The tenant intends to return as his belongings are still in the property including what’s behind the locked bedroom.
Tenant left the key underneath the bin for the landlord in the event they were going to stay abroad longer than expected which is what has happened hence why the tenant informed the landlord as to the location of the key so know one else finds it.
Tenant has no intentions of returning as the key was left underneath the bin, phone is off, tenant uncontactable and thus has abandoned the property.
Any other possible scenarios?
I’ve checked the electric/gas meter, it has not been tampered with.