Updating post from Reddit.
Hi,
Hoping for some advice:
I had/have a tenant who is in receipt of housing benefits. They signed a fixed term tenancy for a year that started on 5th November 2024.
On 5th March she emailed to ask to end the tenancy from 5th April. I agreed the next day on the condition she paid her arrears, paid March's rent and gave back the keys. Since then I've had no contact from her. I've emailed, texted, sent WhatsApp messages (which have been delivered but not read) and called (goes straight to voicemail). No rent has been paid since February.
I emailed on 4th April saying I would be doing an inspection on 6th April. No response so I went to the flat and when there was no response I entered to inspect it. Discovered that she'd left her belongings but food in fridge was mouldy and there was uncollected post: looks to be abandoned. I have no other address for her.
I intend send a recorded letter to the flat and email to state I will remove possessions (storing them for a month to allow collection). Is this implied surrender even if she didn't leave the keys?
My question is do I need to do anything else or has the agreement be terminated by mutual consent based on her request and my agreeing to it?
I'm not a professional landlord so want to make sure I'm not accidentally illegally evicting my tenant but I really can't afford to have the property untenanted for month on end.
The tenant did not respond to your terms for their early surrender request. Therefore, there is no agreement for early termination.
The tenants possessions are still in the property and she could, for all intents and purposes, be on a long holiday. I don't think a surrender can be implied given the circumstances described.
If there a break clause in the fixed tenancy agreement, and the clause can now be exercised - you can serve a S21 and go through the usual possession process. After a possession order is issued, you'll need to instruct bailiffs if there is still no response.
If there is no break clause, then provided there are enough rent arrears, you can serve a S8 and obtain possession that way.
You need to check with your solicitor. If you take money for a service, you are a professional, so should ensure you do things properly. “I’m not a professional” isn’t an excuse in court.
Just because a flat looks empty does not mean it is. Agreement and handing over of keys is the way you demonstrate this.
I had to go through the courts to get a clearly empty flat because should they return and say 'I was away, where is my flat' oh boy are you in trouble.
> I'm not a professional landlord
You should then be a member of the NRLA and they have a guide on ending a tenancy without a court order.
Personally I would send them a letter advising you have not heard back since your contact of X date, I am assuming they are not paying any further. I would to say your intending to visit the site on X date to inspect and take the oppertunity to end the contract, should they disagree then they need to contact you.
Once your inside you can review the state and consider do you need to take some legal action or have they simply moved out and not bothered to communicate any further
Don't you have the deposit? 30 days is done. Take his/her crap out. Sell it even.