Tenant has disappeared!

[Vannie]

Hi all, please help!

My tenant gave notice in August last year, but I allowed her to stay on with a rolling tenancy as I was selling the house I was living in and hoped to move back soon. I went back to the property just to check everything was ok in early December but couldn't get a reply. Then, the neighbour below said she hadn't seen my tenant or her child for a while, but I assumed she was on holiday. Wrong! I reported this to the Managing Agents who eventually reported her as a missing person to the Police. Her family seems to be under the impression she is coming back

To cut a long story short, she has left all of her possessions in the flat, the Police are coming around later in the week for DNA analysis, I'm having problems with receiving her Housing Benefit and now my buyer wants to exchange next week! The police say I can move back but what do I do with her stuff? The Managing Agents don't seem to want to help and I can't afford to pay for storage for ever!

Any advice will be gratefully received.

[westminster]

My tenant gave notice in August last year, but I allowed her to stay on with a rolling tenancy

So what did she/you agree at that point?

When was the last time she paid rent?

What date did/does the fixed term expire?

Why do you regard it as a missing person case?!

...now my buyer wants to exchange next week! The police say I can move back but what do I do with her stuff? The Managing Agents don't seem to want to help and I can't afford to pay for storage for ever!

You can't just dump the T's stuff, you have a duty of care.

If your buyer is expecting vacant possession on completion then you should not exchange contracts before you have ascertained what the current status of the tenancy is.

[Vannie]

Thanks for the reply.

My tenant was aware I wanted to move back in, and she gave notice that she wanted to move out anyway.

She last paid her rent in November 2012.

The fixed term expired August 2012.

The police have told me it's a missing person case. She was reported missing in North London and the police came to my flat in South London looking for her.

It just seems so unfair that I have been waiting 3 years to sell the house and now I don't know what to do. What should I do with her things? The police have said I can move back in but lawfully can I?

[Snorkerz]

Can you give us the exact wording of her notice? Has she paid any rent since the expiry of the notice?

[thesaint]

The police have said I can move back in but lawfully can I?

Maybe, maybe not.
If the tenant decides to come back and make a fuss, she will have a good case of illegal eviction.

What does your tenany agreement state about "abandonded goods"?

Have you served notice on her yourself?

[westminster]

I'm amazed you've left it this late in the selling procedure to wonder about getting vacant possession. You say you've received no rent since November, so have you served a s.8 notice on the grounds of unpaid rent?