Updating post from Reddit.
I suspect that he's going to disappear any time now, owing about £3k in rent arrears (lockdown, car accident, I've been very flexible to help him).
If/when my fears are confirmed I don't think I can just walk in to the property and start the refurb, can I?
If he really has walked out, you're safe to walk in and start refurbishing.
The risk is it looks like he's gone, but then he comes back and you're in all kinds of legal hot water for invading 'his' home.
Yes indeed, you do need evidence/proof that he has definitely surrendered the tenancy. Ideally returning the keys and/or signing something.
Ostensibly moving out, but then reappearing later to claim illegal eviction, is unfortunately in the repertoire of dodgy tenants’ dirty tricks…
Thank you, that really helps.
It is always safest to get a possession order, but if he leaves without giving notice (abandonment) you can bring the tenancy to an end by serving the correct notice at the address. If then, at the end of the notice period the place is pretty much completely empty of any of the tenants belongings and is not being lived in, it is your call as to whether to treat that as him surrendering the property and proceed with refub/relet without a possession order.
It's always best to try to get something in writing, even just a text messge from him saying he isn't coming back. Having him surrender the property, even with £3K rent arrears, is likely to be cheaper in the long run than going to Court for a possession order.
As soon as you suspect he has gone, get meter readings if you can, as a lack of use of gas/electic during any notice period will support any argument about whether the property has been abandoned.
Invaluable info, thank you.....
To be on the safe side, you should get a possession order.
Whether you need to be on the safe side in this case is a risk only you can reasonably assess.
You would only be in trouble if the tenant was to return after you've taken the property back without having gone down the legal route. If the tenant wants to continue living there then that will still be their right.
So the question is what you think is the safest option forward, and if it may come back to bite you if you don't go down the legal route now.
In your shoes I would at the very least make a last ditch effort to contact the tenant to let them know what you will be seeking possession but that you are also happy to end their tenancy now with no further issue if they will confirm their end that they are happy with this.
Coming to a mutual agreement is always the best and easiest way.
This is assuming that you are willing to forgive the debt, of course.
If you wish to pursue the debt, the tenant may be less willing to strike a deal with you.
This is not an easy situation for you.
Thank you!
I had a tenant on a six month contract. The letting agency did all the background checks. I think I remember that he worked in a phone shop. He hadn't paid rent for month five and then had the cheek to ring me to ask if he could have his deposit returned early so that he could pay off month five before paying me month six. I don't know what was going on but a neighbour told me that a lot of people were coming and going late at night. At the start of month six I got a call from an overseas number. I let it go to answer. It was my tenant demanding, quite threateningly,that I return his deposit immediately because he had moved out.
I couldn't return his call if I wanted to. I had no idea where he was. I went round to the flat and stuck a tiny piece of paper between the top of the door and the frame. I went back two days later to see if it had moved. It hadn't. Fearing that the tenant had come to some harm, you understand, I let myself in. There was no sign of him, but there were loads of sheets of paper with car particulars on, like you'd see on cars at dealers, except there was no dealer's name on them.
I went to the nearest Toolstation and bought replacement locks and fitted them. Although I got a couple of missed calls with no ID, I never heard anything else from him. I left the house empty until the six months were up before I started preparing it for rent again. I kept his deposit and technically I was a month short on the rent but I was just glad to be rid of him. I googled his quite unusual name for a couple of years, but never found anything. Should he wish to contact me to pay the extra month, I'm more than willing to listen.
The legal process is riskless. You can just walk in as you state. But at least fully understand the circumstances. I.e they have not been hospitalised or something.
Do some kegal stuff but for heavens sake change the locks too