Evicting a tenant who doesn’t reply and may have gone to Thailand?
My tenant has blocked my phone number and is not responding to my emails, letters, WhatsApp calls or messages from other mobiles. He’s 2 months behind in his part of the rent, as the council pays the other half, arranged by him.
At first, I was concerned something serious had happened as his car had been driven off a neighbour’s drive into the street accumulating fines; it’s now been towed away. I did give him notice to enter the flat. He didn’t reply and wasn’t there, but a lot of his stuff is there.
I’ve since been told he’s moved to Thailand. I’ve issued a section 21, which expires on 1 May (hopefully, I have all the paperwork in order, as he’s been there 10 years). I’m thinking of issuing Section 8, but was told I could issue an abandonment notice.
I had problems with him 3 years ago and issued sections 21 & 8 with EPC, How to Rent, and deposit certificate (no gas in building), but he paid up, although this last year we’ve had a lot of late payments and excuses.
I don’t know what else to do, as he’s not communicating or responding to the notices. I don’t know if he has left for good or intends to return. I just want my property back as soon as possible, as I’m not well and don’t want any more hassle and stress.
Any advice will be greatly appreciated.
Michele
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Member Since September 2023 - Comments: 157
2:58 PM, 14th March 2025, About 1 year ago
The correct answer is to submit the relevant notice and get a possession order. However, this is going to take months and the rent arrears are going to build up.
If you know the tenant has left the country and is living elsewhere, then technically it’s no longer an AST and an s21 notice isn’t relevant. So you can give a notice to quit, then proceed to a possession order.
If you go down the abandonment notice route, you risk performing an illegal eviction. I’ve heard there are cases of prisoners taking their landlord to court for illegal eviction, as they couldn’t return back to the property.
Abondonment only applies to England, under the housing and planning act 2016. You need to leave notices at the property at set timescales and wait to see if they reply. The issue is the tenant can still come back at any point within 6 months, unlike the possession order route where they can’t return to the property or claim illegal eviction.
Member Since October 2022 - Comments: 402
8:44 AM, 15th March 2025, About 1 year ago
Personally I would follow the abandonment route. The courts are not stupid. If you have grounds for a reasonable belief then do so.
Be aware that if he has gone the council will demand their money back.
If you tell the council if your beliefs they will stop his benefits. If he hasn’t told them. Then he will probably get In touch
Is mail accumulating?
Member Since March 2025 - Comments: 1
3:25 PM, 15th March 2025, About 1 year ago
How about reporting him to universal credit for living abroad for longer period, to see if his benefits being stopped will force him to come back to the country
Member Since March 2025 - Comments: 5
11:08 PM, 15th March 2025, About 1 year ago
Reply to the comment left by David Houghton at 15/03/2025 – 08:44
Thanks for your reply. I have been told that he has moved to Thailand, however now they don’t want to get involved. I did speak to the council and they haven’t had any notification from him, and asked me to let them know if I heard anything. The mail is accumulating, I know he’s not been in the flat since the beginning of February. The problem is he’s left a lot of personal stuff and clothes in the flat, that doesn’t look as if its abandoned. but he doesn’t reply to any emails or messages.
Member Since October 2022 - Comments: 402
7:59 AM, 16th March 2025, About 1 year ago
Reply to the comment left by Michele Wilson at 15/03/2025 – 23:08I have had this a few times. On one occaison as soon sas we started emptying the place we got a phone call. Have you anywhere you can store things? You need a reasonable belief that he has left, and would be able to put a case forward on a 51%, probability. Worst case scenario is too have to explain it to a judge. So with proper documentation and a timeline, photos. I would say leave it a bit longer to meet that threshold. Thailand had 60 day vida exemption
Member Since October 2020 - Comments: 1177
9:39 AM, 17th March 2025, About 1 year ago
Watch the David Smith video on abandonment here: https://m.youtube.com/watch?v=l5-viP1Emf0