Tenant says they are leaving but then goes off radar?

Tenant says they are leaving but then goes off radar?

9:31 AM, 8th January 2025, About A week ago 10

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Hi, I had served a S21 notice to my tenant who then contacted me to say they have viewed and accepted an offer of a Housing Association property and that they would be picking up the keys sometime over the Christmas/New Year period.

Having not heard from them since, I sent an email asking whether they had received the keys. With no reply after 2 days I sent a follow up email with the assumption that she will be moving out and there are the procedures that need to be followed to end the tenancy.

Still no reply from someone who usually responds quite quickly.

So my dilemma is: have they moved out of the property or how can I establish that?

Do I continue with the S21 which expired 1st January, incurring the advisor and court fees while there is still a chance they may still be moving out?

Any advice would be welcome.

Frustrated Landlord


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Dylan Morris

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10:37 AM, 8th January 2025, About A week ago

Have you tried phoning them ? Firstly go round to the property knock on the door and see if they’re still there. If no reply have a look through the windows see if they’ve taken all their stuff out. Have a word with some of the neighbours see if they’ve got any info.

Sam B

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11:21 AM, 8th January 2025, About A week ago

Its worth noting that a tenant that stays past their notice period is bound to pay double the rent that the tenancy rent was. Whether you actually get it is another matter of course but may concentrate their minds.

ps note you have to not accept any further rent of the previous amount.

DPT

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11:34 AM, 8th January 2025, About A week ago

You do a property inspection and check for yourself!

Property Flipper

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11:49 AM, 8th January 2025, About A week ago

Reply to the comment left by Sam B at 08/01/2025 - 11:21
Eh?

Where is this in statute?

Sam B

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12:19 PM, 8th January 2025, About A week ago

Reply to the comment left by Property Flipper at 08/01/2025 - 11:49
That statute is to be found in the distress for rent act 1737. Most of it has since been repealed but that particular part has not till now (though I am sure its days are numbered probably)

JB

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15:26 PM, 8th January 2025, About A week ago

It might help to check if the bins are being used if you can't see in the windows.

LordOf TheManor

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18:52 PM, 8th January 2025, About A week ago

Reply to the comment left by DPT at 08/01/2025 - 11:34
Yes, I agree with DPT. I would do exactly that.

To add some clarity:

What does your tenancy agreement say about giving notice to the landlord regarding the tenants' absence from the property? If there's a clause that says they are to notify any absence of longer than 14 days, that's the cue to following up....

If there are no comms from the tenant after 14 days of radio silence, issue a notice of an inspection visit and do exactly that.

At this time of year, in view of the prevailing weather conditions, you'd be remiss in not checking the ceilings for clues of roof leaks or damage potential due to non-heating of the premises.

If in any doubt about your reasons to go in promptly, read up on your insurance responsibilities and get in there toute de suite!

Lord

Nikki Palmer

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10:53 AM, 9th January 2025, About A week ago

I would think it's fairly likely they have moved but haven't had broadband fitted and perhaps aren't picking up their emails?

Give them a ring

DPT

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12:22 PM, 9th January 2025, About A week ago

Reply to the comment left by Sam B at 08/01/2025 - 12:19
The provisions of the Distress for Rent Act only apply if a tenant has served a valid Notice to Quit and then holds over. That doesnt appear to be the case here.

Jessie Jones

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23:12 PM, 11th January 2025, About 6 days ago

Just let yourself in to check. They have given you notice that they are leaving so it's a reasonable assumption to guess that they have.
If they haven't moved out then it will be immediately obvious when you open the door, so be prepared to leave immediately and continue the repossession route.
But speak to neighbours, knock on the door etc just before you let yourself in.

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