13:27 PM, 14th June 2018, About 5 years ago 7
What do I do? My tenant has stopped paying rent, closed curtains, moved out with most of her main items of furniture, but leaving smaller items and rubbish.
She has promised, repeatedly, to move these items, end the tenancy and hand over the keys but, to date has failed to do so. Do her emails constitute a formal ending of her tenancy? Can I gain possession on that basis? Have I become and involuntary bailee regarding the items she has left behind. All advice gratefully received. More background below.
Tenant stopped paying rent in October 2017. Tenant ceased communication. November 17 tenant was sent arrears letter. Letting agent inspected the property in December 17 to find it unoccupied and main items of furniture removed. Tenant still not responding. December 2017 Section 21 notice hand delivered and recorded. No response from tenant despite several attempts during February and Section 21 notice date passes.
March 2018 my letting agent, in my presence, spoke to the tenant who said she would remove the remaining belongings, – mostly bin bags of clothing, small items of furniture and lots of rubbish – vacate the premises and hand over the keys on Sat 31st March 2018. On the 30th March, the day before this was to happen, the tenant emailed my letting agent to say she had a problem moving as agreed, but would do so on the following Saturday the 7th April 18. On the 6th April, again, one day before the agreed hand-over, the tenant emailed to say, “…The house wont (sic) be ready to back over until the 14th april. I can confirm that this will be the last day of my tenancy (sic). I will meet you at the property at a time convenient to you.” The tenant, once again, did not show up.
On 27th April 18 she emailed the letting agent to say it is not possible for her to hand the keys back until Wednesday 9th May 18. Once again, this did not happen.
The property has remained unoccupied since December 2017. I believe the tenant has been clear and unambiguous about ending the tenancy and confirming the date even though this subsequently changes.
I will be grateful if more experienced members would comment.
Thanks in advance