I just got the court order for my property possession. What happens if the tenant leave the property without letting me know? how can I know he has left?.
Could you knock on the door & look through the window? Could you ask neighbours?
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If the tenant has not handed back the keys you cannot be sure if the tenant has left. One would reasonably assume that they would hand back the keys and want their deposit back. If you suspect the tenant has left, gather supporting evidence. Has the rent been stopped. Monitor the property, speak to neighbours. Insurance usually stipulates the property cannot be left empty for more than 45 days. After this time serve notice to do an inspection. If no response enter the property with your own keys. Bring an independent witness with you.
Best!
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Erm contact them by phone txt whatsapp email and any known contact details (a family member or friend or work) and ask?
Watch the lawyer david smith video on abandonment
Source: YouTube https://share.google/v2nawTYzvqfawMi7e
I suspect that Horse may already have bolted from this statement…
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Do you mean that the landlord should wait 45 days to do an inspection? What’s stopping them serving notice to inspect now?
I agree with @David122, if @Sheridan29
has reason to suspect the tenant has left, or simply to check its state, get on and do the inspection now (after giving 24h notice as usual ).
45 days empty (many policies say 30 days) restriction on insurance cover is a reason to do inspection before the cover is up, not after
Best
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Agreed!
I mentioned about insurance stating that a property should not remain empty for more than 45 days. I didn’t mean for the landlord to wait 45 days before seeking entry. I probably should have worded it better. Anyway, if it were my property I would make some initial enquiries and I would say I smelt gas and enter. That’s just me.
Best!
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I went through this exact process. My tenant had been arrested without bail and was looking at a long stretch.
I did regular inspections while I waited for rent arrears to build up. Then went to court for eviction. The judge gave the eviction notice (if that’s the right word) but reminded me that the tenant may come back and there was a process to follow. I.e. that in theory I should get the bailiffs round to formally evict.
It is a criminal (not civil) offence to illegally evict someone, I.e. to change the locks and stop them entering. But you may also think, what are the odds they’re going to suddenly come back and report you to the police. Probably almost zero.
I now have another similar situation. Tenant didn’t pay the last month’s rent then just left without giving valid notice and isn’t responding to messages. Almost all furniture and belongings removed. I’ll probably give him notice that I’ll inspect, then notice that I intend to do repair work, then eviction when he gets to 3 months arrears. By this time the repairs will be done and I’ll re-let.
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can I apply for bailiffs now just in case the tenant doesn’t leave on the date of court order.
its both a criminal and a civil offence actually, and whilst criminal prosecutions are rare, the Council can claim a civil penalty against the landlord of up to ÂŁ40,000.
@Sheridan29 no, there is a whole sequence you go through, after they dont leave.you apply for possession via the courts.
You may or may not need bailiffs as they may move out in the meantime
Get an eviction specialist to explain the possible steps to you
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Good luck