1 year ago | 6 comments
Hello, I am going through a S21 and the tenant claims they will not leave until evicted.
I have just been shown several social media posts where they are living elsewhere. Furthermore, they have listed the bathroom in my house for sale.
In the post, they confirm they are no longer living there and have a new home. The police tell me until the bathroom is removed they cannot do anything. Once removed it will be classed as theft and criminal damage.
Is there anything I can do?
They are clearly not living there by their own admission but won’t return the keys.
Thanks
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1 year ago | 6 comments
1 year ago | 19 comments
1 year ago | 9 comments
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Comments: 1
7:10 AM, 15th February 2025, About 1 year ago
But conspiracy to steal is a criminal offence. I would go back to the police. I would get a lawyer. Not legal advice but I personally would change the locks and put a notice on the door with your evidence of conspiracy to steal. I would let them take me to court then provide that evidence and that the police failed to prosecute conspiracy to steal. I would go further and move in.
Member Since August 2024 - Comments: 21
8:12 AM, 15th February 2025, About 1 year ago
Last night I sat for hours to compose an email to my local MP.
I’ve set out everything that’s happened, including the threats the tenant has made and the sharing of my home address on social media.
I’ve set out the impossible position LL are in when the tenant goes rogue and does as they please. There are few consequences for them whilst we have to take the abuse until a time we are hopefully granted a possession order.
It was hard to write, particularly the part where I had to switch off all the lights one night and hide me and my children in the dark as tenant said he was on his way round to have a word.
I keep going but hanging on by a thread.
There is no one out there to help us.
Thankfully, I have a great eviction specialist to guide me through the process. However, it’s all the stuff that happens during the process where we are left to fend for ourselves.
Member Since August 2023 - Comments: 94
8:22 AM, 15th February 2025, About 1 year ago
Has there been a reported smell of gas or water leak. You really need to enter quickly as it’s an emergency.
When you get there you find a broken key in the lock so you have to call a locksmith. As a result no one can enter the property., not even you!! A pain but at least the property is temporarily secure until he arrives.
Take a photo of the lock
The locksmith has to drill the lock when he arrives and hence change them. He gives you a receipt for a lock change due to the broken key.
Check everything , turn water, gas off. Take meter readings. Photo them
Collect all mail- do not open it. Write on them, not at this address return to sender. Then post them.
Photo and video everything in the property.
If you have damage yes its a good idea to let your MP know, plus the sale notices and request them to comment in the house, also if you can send to representatives at the House of Lords members who are are the housing committees.
Get 3 quotes in writing for all repairs and anything not fair wear and tear.
Do you know where your tenants have gone?
If so send them the cost of repairs with 14 days to respond.
Meanwhile seek legal advice, copy the AST, if you have a guarantor notify them of the damage.
Start a timeline and chronological list of events with your supporting paperwork. Include. the adverts for your property items. Send this to the deposit protection company you are with via their online portal, claiming all costs including loss of rent. Its going to get messy so do your best to find out the tenants new address.
If you go to court you will need all this anyway.
Member Since September 2020 - Comments: 16
8:34 AM, 15th February 2025, About 1 year ago
Have a read through this. If the tenant posted the keys through your address and then you went to look and jt was empty then it could amount to an offer of surrender, which you could then accept or refuse. If they just left without returning the keys it’s more of a grey area. I haven’t read the whole post. Did they post the keys back through your door?
https://insights.maplesteesdale.co.uk/post/102gjdp/surrenders-by-operation-of-law-and-the-return-of-keys
Member Since August 2024 - Comments: 21
8:50 AM, 15th February 2025, About 1 year ago
Reply to the comment left by Geoff1975 at 15/02/2025 – 08:34
No keys but confirmed they have left.
Member Since January 2015 - Comments: 1435 - Articles: 1
8:58 AM, 15th February 2025, About 1 year ago
Reply to the comment left by Reluctant Landlord at 14/02/2025 – 13:40
True. But would likely be the result anyway as LAs can legally clawback overpayments
Member Since August 2023 - Comments: 94
9:24 AM, 15th February 2025, About 1 year ago
This is not a crime drama, the idea of using a friend yes is one way of getting to the tenant. You could video the whole event and then saying they have given up the property. Then the property is definitely yours.
From that day you need to notify the authorities that the tenant moved out on that date. Because you will be liable for all utilities and local taxes from that date, unless your council give you one month free.
Best you look at the advice I gave you before. It’s always best to prepare.
Member Since September 2023 - Comments: 28
9:56 AM, 15th February 2025, About 1 year ago
Quite simple. You commit a criminal offence if you unlawfully evict (changing locks etc)
However there is a built in defence IN LAW that you reasonably believed they had ended the tenancy by moving out
Some things that would assist you in that belief
1: They’ve moved out (they’ve told you that they have, you have their social media post to that effect). You give notice per the tenancy for a visit. You go and visit. Video everything. If there’s obvious signs he’s moved out that’s more good evidence (lack of bed, clothes, white goods etc)
Job done
Member Since August 2016 - Comments: 508
10:43 AM, 15th February 2025, About 1 year ago
Police may/will say they are far too busy to be bothered with games?
I got them interested when I had to serve papers on travellers occupying land and I was warned that they were armed.
Member Since July 2024 - Comments: 112
5:28 AM, 17th February 2025, About 1 year ago
surely if they have left you can ASAP do an MCOL, sorry did you say you are owed rent? They wont received the MCOL as they aren’t there. Get a CCJ on them.
Also like the emergency inspection as the property is uninhabitable and change the locks.
Horrible situation, feel for you. Not worth being a landlord/lady in UK anymore.