tenants leave before end of 6mo AST

[catcuddler]

This the first property I've rented so please don't be too hard! A couple signed contract and moved in on 12 March. Now they have split, and are moving their things out. Have been told this yesterday by female tenant's friend. She thinks the male tenant has totally gone, and female tenant is too upset to enter house ever again. They have supposedly gone back to their previous houses. I wrote seperately to both tenants yesterday and asked if they had vacated the property or if they intended to carry on living there. I also went to the property, but didn't go in. I noted, from the outside, that some belongings were still in there, and that they had breached some terms of the contract. eg - had run electrical cable to the shed, had cut a hole in the shed wall to fix a electric fan (?!), had left a large window open when no-one is in the property, also noticed a few cans of paint (aarghh) so I am quite prepared to witness more breaches inside....

From what the friend has told me, it seems that both of these tenants do not intend to return to the property. If it is possible that they just go, and that there is a way I could legally gain possession and change locks, I would prefer that, but maybe I'm dreaming....Please could someone advise on the following:

1. If they write that they have vacated the property, am I able to take possession? Do they have to say they've 'vacated' or 'relinquished interest in' or 'have no intention of living in' or what? ie what do they need to sign to, in order for me to gain possession?

2. If they do say this, and I can take possession, does it have any bearing if belongings are left there?

3. If I was able to gain possession by this route, is there any way in which I should phrase an acknowledgement of their letter, that still leaves them liable for the remaining rent? ie I'm not letting them off?!

4. Should I get just one or both tenants to conduct the check out and inventory with me? And if both refuse, can I get an independent witness eg respectable neighbour to observe me and witness my notes and photos of any damage?

5. When would one start proceedings to recover any debts? For instance, if you did it before the end of the original 6mo term, could they move back in if they paid the rent as a result of having proceedings taken against them?
:confused:
6. If they refuse to respond to my letters, then I have to wait to see if they build up 2mo arrears?

7. They have breached terms of contract as described - can I use this in any way to eventually gain possession?

[Paul_f]

1. If they write that they have vacated the property, am I able to take possession? Do they have to say they've 'vacated' or 'relinquished interest in' or 'have no intention of living in' or what? ie what do they need to sign to, in order for me to gain possession?
You should obtain all keys and get the tenancy agreement back that is in their possession. If you can obtain a written surrender on the wording you have stated, even better!


2. If they do say this, and I can take possession, does it have any bearing if belongings are left there?
You must allow them time to take their belongings


3. If I was able to gain possession by this route, is there any way in which I should phrase an acknowledgement of their letter, that still leaves them liable for the remaining rent? ie I'm not letting them off?!
You can either accept absolute surrender without liability to pay anymore rent or you look for alternative tenants and the exisiting ones are liable to pay you rent until you find another.


4. Should I get just one or both tenants to conduct the check out and inventory with me? And if both refuse, can I get an independent witness eg respectable neighbour to observe me and witness my notes and photos of any damage?
I don't think you need worry too much about checking the inventory for damages/breaches as there is unlikely to be enough money to cover the rent! The tenant is not entitled to be there if you don't want them to be.


5. When would one start proceedings to recover any debts? For instance, if you did it before the end of the original 6mo term, could they move back in if they paid the rent as a result of having proceedings taken against them?
Yes! They could definitely move back in - but taking proceedings to recover debt is not the same as proceedings to recover the property as a result of rent arrears.


6. If they refuse to respond to my letters, then I have to wait to see if they build up 2mo arrears?
Yes! Then serve a S.8 Ground 8 Notice at the property (you don't need to send it to any forwarding adddress)


7. They have breached terms of contract as described - can I use this in any way to eventually gain possession?Most unlikely as this would be a discretionary ground.

You should also takes steps to secure the property, i.e. the open window. Although technically you shouldn't enter there is nothing to say you can't go in to close the window if you are sure nobody appears to be living there as this is to prevent further potential loss, not only your own but the tenant's possessions too! Don't move anything, but take a good look to see if there have been breaches of tenancy.

[catcuddler]

Many thanks, Paul. Please could you clarify:

1. If they write that they have vacated the property, am I able to take possession? Do they have to say they've 'vacated' or 'relinquished interest in' or 'have no intention of living in' or what? ie what do they need to sign to, in order for me to gain possession?

You should obtain all keys and get the tenancy agreement back that is in their possession. If you can obtain a written surrender on the wording you have stated, even better!

Q1. So I need both the keys and agreement, not one or the other, and I can then legally go into the property and find a new tenant? If I supplied 2 sets of keys, is it ok if I just get 1 back, legally speaking? If I get written confirmation, do I still need the other 2 items?

2. If they do say this, and I can take possession, does it have any bearing if belongings are left there?

You must allow them time to take their belongings

Q2. I must allow them time before I take possession, or allow them time subsequently?

3. If I was able to gain possession by this route, is there any way in which I should phrase an acknowledgement of their letter, that still leaves them liable for the remaining rent? ie I'm not letting them off?!

You can either accept absolute surrender without liability to pay anymore rent or you look for alternative tenants and the exisiting ones are liable to pay you rent until you find another.

Q3. Do I need to give my written acknowledgement of their surrender? Do I need to make clear anywhere that I do not accept absolute surrender without liability? ie Am I obliged to point out there liabilities out to them?


5. When would one start proceedings to recover any debts? For instance, if you did it before the end of the original 6mo term, could they move back in if they paid the rent as a result of having proceedings taken against them?

Yes! They could definitely move back in - but taking proceedings to recover debt is not the same as proceedings to recover the property as a result of rent arrears.

Q5. So if they vacate by returning keys and agreement, there is no possible way rent arrears can be paid.

7. They have breached terms of contract as described - can I use this in any way to eventually gain possession?

Most unlikely as this would be a discretionary ground.

You should also takes steps to secure the property, i.e. the open window. Although technically you shouldn't enter there is nothing to say you can't go in to close the window if you are sure nobody appears to be living there as this is to prevent further potential loss, not only your own but the tenant's possessions too! Don't move anything, but take a good look to see if there have been breaches of tenancy.

Q7. So this entering the property to prevent loss, can this be done before they have given me keys and agreement? If I cannot do this, could I right now post a note through the door, giving them 24hrs notice to inspect the property (which they won't get if they haven't returned), and then go in legally tomorrow to 'inspect'? My objective in this is to check that they've locked doors, turned cooker off, etc, not to take possession by the back door, as it were. I have awful heeby-jeebies that the house could be open and be entered by a third party (sorry, I sound paranoid, there's a big camp of travellers a couple of fields and ditches away).

[catcuddler]

Oh crikey, sorry - I've lost all those little boxes - sorry to you viewers out there if it's confusing to read.

[Paul_f]

Catcuddler. Sorry to be "hard" on you but you really need to re-read my posts because by doing so a few times you will find all the answers to your subsequent questions are there, and if you use a dictionary you will find that:-

Absolute means without reservation or condition - work it out!
If you want to secure a property the best time is now! Or would you prefer an intruder to do it for you within say the next two weeks?
When I said recover all keys, what bit of the word "all" do you not understand?

Sorry this grinds but I'd be here all day and night answering questions like this. As Basil Fawlty on Sybil, when asked which would be her specialist subject on Mastermind, he said "stating the bleeding obvious!"

[catcuddler]

Paul, thanks for the useful comments you have made.

Re: all sets of keys - perhaps I should have made it clear that I was envisaging a situation where 1 tenant has 'lost' their keys....

Re: securing windows - you end by saying 'technically [I] shouldn't enter' the property, therefore I tried to clarify with you, after all the talk of gaining possession, that this is actually okay to do before gaining such.

One important part of gaining true understanding of a situation is for the receiver of the info. to relay their understanding of the info they have received, back to the giver. This is critically important in such areas as emergency services, but of course not so important here.

There are a few of us beginners who use this site, and it's not helpful or kind to respond in such a cross way. If you really can't be bothered to bear with people who are anxious to clarify points, then why don't you respond shortly but courteously? If I had the proverbial pound for every opportunity I'd had to make such comments to those who are beneath me in terms of knowledge, experience and understanding, I'd be a millioniare many times over.