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VJW
15-03-2009, 07:56 AM
we have a flat with 2 tenants living there, they got behind 3 months with the rent. for the 3 months we hsd excuss after excuss. we had arrangments last week to collect the rent and we got £500 out of £2005 we had arranged then to collect the rest last friday, we turnt up all the lights were off, all the phone numbers were off, we let our self into the main entrance went to the front door looked though the letter box to find an empty flat so we went in they have taken all of there belogings owing £1505, when we were cleaning behind the wardrobes we found open letters having a quick glance it was a debt recovery letter. what can we do?

mind the gap
15-03-2009, 08:50 AM
we have a flat with 2 tenants living there, they got behind 3 months with the rent. for the 3 months we hsd excuss after excuss. we had arrangments last week to collect the rent and we got £500 out of £2005 we had arranged then to collect the rest last friday, we turnt up all the lights were off, all the phone numbers were off, we let our self into the main entrance went to the front door looked though the letter box to find an empty flat so we went in they have taken all of there belogings owing £1505, when we were cleaning behind the wardrobes we found open letters having a quick glance it was a debt recovery letter. what can we do?


Be very careful! By going into the property without first gaining your tenants' permission, and by starting to prepare to re-let it, you lay yourself open to being accused of breach of contract, harassment and even illegal eviction, even though I am sure that was not your intention.

The problem is, unless the fixed term of their tenancy agreement had ended on the day they vacated, or they left after you served notice and/or obtained a court order to gain possession (neither of which seems to be the case), then their tenancy is still in force and they could come back and claim their 'quiet enjoyment' of it had been denied by what you have done.

Similarly, reading their mail is highly inadvisable - even if you did not open it, the fact that you have read it, could be used against you if they found out.

I know it is frustrating but all you can do to bring the teanncy to an end - and you are talking weeks, possibly even a few months (if they object, although that seems unlikely), rather than days - is to serve a section 8 ground 8 notice (plus 10 and 11 for good measure) and follow the due legal process of gaining mandatory possession. If you do not do everything by the book, it could delay things for you in the long run as well as putting you on very shaky ground legally. Even if you are 100% sure they have 'flitted', you cannot just go in there and pretend their tenancy is over. It isn't, yet!

If you are able to contact your tenants somehow (their work? Guarantors?) you may be able to agree a formal surrender by which you allow them to move out and not be liable for any further rent (technically their liability does not stop until the end of the fixed term, or the end of a notice period given by them or you - which they have not served, have they?), in return for immediate possession. You will still have to pursue them through the courts for the rent they already owe, of course.

Good luck. I hope this is useful.

johnboy
15-03-2009, 09:11 AM
If i was you i would serve s21 and s8 asap. Also put a abandened property notice on the door stating you velieve this property is now abandened and you will be entering the property to sercure it on / /09 (10-14 days time)
You will also need to put a couple of contact tel no on the notice for the tenant to call if it is not abandened.

Going down this route does come with a certain risk if it isnt abandened so it is your call to make that judgement.

I have done this a number of times without a comeback (yet) but i also do a number of other things as well.

1 Speak to neigbours to collect any info on the tenants moving out.
2 Speak to the local police and explain you are entering the property on certain date to sercure it and prevent squatters. Take note of officer spoken to.
3 Try to contact any friends/workplaces of tenants to find out what is going on and make notes.
4 When you enter the property take lots of photos of empty areas or anything that give more clout to the view that the property has been abandened.
5 Take photo of the notice you have put on the door.

velvet
15-03-2009, 09:24 AM
i had a similat#r situation and gave the tenant 14 days to either get in touch or move their belongings.

I also paid £50 to my solicitor to ring them and they verbally confirmed to him that they had moved out.
This was enough for me to legally go and change the locks and readvertise the property, as my solicitor has kept a record of the telephone conversation.

mind the gap
15-03-2009, 09:34 AM
Yes, I agree, that is the best solution if you can contact them. The trouble is, people who owe 3 months' rent may go to some lengths to avoid being contacted!

VJW
15-03-2009, 21:22 PM
thank you

we went to the police on saturday and we was told that it wa ok to enter the property and to change the locks.
we are going to seek leagal help tomorrow but we have 5 different prevous addresses and only one of the people that lived there has been cosistant, i found out today that there were 5 different people or names of people living there.

thevaliant
16-03-2009, 10:10 AM
we went to the police on saturday and we was told that it wa ok to enter the property and to change the locks.

If you want to know the law, don't ask a policeman......