My tenant did not pay their rent this month which was due on the 1st December. She has ignored my calls and messages and on visiting the property today she has clearly vacated. She has left the key and has not given any forwarding address.
She did not give notice and has left lots of her items, food, clothes, crockery etc. Plus the place is really dirty and needs a deep clean.
Can anyone advise where I stand in relation to what procedure I should follow to ensure I can claim the full deposit back, which will cover the outstanding rent and cleaning costs.
If the tenant hasn’t given written notice the situation can become a legal minefield. My understanding is that the tenant leaving the keys may imply they have surrendered the tenancy although this alone does not legally confirm surrender, especially so with the tenants belongings still remaining in the property. You need to gather more evidence. Ask neighbours if they have seen her, take meter readings to confirm she is not coming back to the property with a different set of keys. Send her a tactfully worded email/text explaining that you are not chasing her for any owed rent. You just want her to confirm that she wishes to surrender the tenancy so that you can then dispose of her belongings and re-let it. If the property is a self contained (not an HMO) it would be in her interest as she will still be liable for Council tax and any utilities.
Christopher32 has raised the most important pont, which is recovering possession of your property. As said, you may be able to claim that the tenancy has ended through implied surrender, but you will need good evidence.
Watch the short video by the housing lawyer David Smith called How can you determine if a tenant has left a rental property for good?
You need to document dates and messages to the tenant, any calls. copy any letters or your action. Have it all listed for when you need it.
Photo and video the property, any damage record, plus find out cost of repair or replacement.
Turn water off, gas off. If fridge freezer is empty the electric too. Take all meter readings. Now and again when the property is formally
Hi Jeannette — sorry you’re dealing with this, it’s a stressful situation but it’s a fairly common one and there is a clear process you can follow.
First, be careful not to assume the tenancy has ended just because she’s gone. Under UK law, unless the tenant has clearly surrendered the tenancy (for example, in writing), it’s safest to treat this as suspected abandonment. The fact the keys were left is a strong indicator, but you should still protect yourself legally. I’d recommend writing to her (email, text and a letter to the property) stating that rent is unpaid, you believe the property may be abandoned, and asking her to confirm her intentions within a set timeframe (usually 7–14 days).
In terms of the belongings left behind, you must not dispose of them immediately. The Torts (Interference with Goods) Act 1977 applies here. You should inventory and store the items (even if that’s securely in the property), then give written notice that you’ll dispose of them after a reasonable period if she doesn’t respond. Reasonable is usually 14 days, longer if items appear valuable.
For the deposit:
You can claim for unpaid rent up to the end of the tenancy, plus cleaning and damage, but only to the extent supported by evidence. Make sure you have:
The check-in inventory
Photos/videos of the condition now
Rent statement showing arrears
Cleaning quotes or invoices
Submit the claim through the deposit protection scheme, itemising rent arrears and cleaning separately. If the tenant doesn’t respond, the scheme’s adjudication process usually works in the landlord’s favour provided your evidence is solid.
Finally, once you’re confident the tenancy has legally ended (or after following abandonment guidance), you can regain possession and re-let.
If you want belt-and-braces certainty, a short call with a landlord solicitor or advice line (NRLA / Shelter’s landlord resources) can help confirm your next step — but you’re doing the right thing by being cautious rather than rushing.