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We have a property where the tenants have "moved out" according to the neighbours.
They haven't paid this months rent and we have reson to belive they have moved out of the area completely. After posting notices through for inspections, we have entered the property and found the key posted throught the letterbox and 90% of the tenants belongings have been taken.
We have messaged the tenant telling them we are willing to waiver this months rent if they confirm to us they have left the property and will not be retuning but have not received an answer.
We have no forwarding address, just a mobile number which we believe to be in use still.
Has anyone had anything similar? Any advise on what route to take before having to get a possesion order which takes months?
The only absolutely 100% risk free thing to do is to get a possession order.
So the issue is essentially what you think the risk is of the tenant coming back, claiming you've illegally evicted them and finding someone who cares enough to bring a prosecution (and your defence that you reasonably believed that they'd moved out fails). Which seems pretty minimal to me.
Based on what you've written, I'd retake possession and put their property in storage for a month (and text them to see if they want to arrange to collect it a couple of times over that period).
By entering the property without the tenant's consent you have effectively accepted a surrender unless they choose to prosecute for trespass!I would suggest that having left keys they have left the property, having messaged them to waive the rent you have given up your chance of getting from deposit!I would suggest trying the mobile again or message them and get them to confirm that they have ended the agreement.
The neighbours had initally contacted me as a window was left wide open and they had all been told by the tenants that they were moving away.
The last months rent doesn't bother me as much as having to deal with any remaining belongings, which just seems to be rubbish (I know someones rubbish is anothers valubles).
I have contacted the RLA who told me to give a 48 hour window of response with their intentions to not return.
Will keep you posted as the case evolves.
I would recommend that you watch this video in full:
Vanessa Warwick Landlord and Co-Founder of PropertyTribes.com **If you have got value from Property Tribes, find out how you can support it in remaining a free to use community resource**
Surrender can not be implied
Ummnn yes it can, but be careful. See this excellent article..
We haven't had a response from the offer to surrender to waiver the rent arrears.
If no response comes then we have to start proceedings from the 1st.
Starting to think I should offer them a cash incentive - absolute madness!
UPDATE: The tenant has confirmed they will not be returning so I just have to deal with the mess. At least I don't have to go through possions orders!