5 months into a 6 month AST, they are over 2 months in arrears.

LL knocked on the door last night and the house is empty. All of their stuff is gone.

Tenant unresponsive by phone has blocked numbers etc.

Questions:

1) What to do about what seems to be surrender of tenancy? LL obviously wants to get in asap clean up and re-let, however I think ti is not as easy as that?

I "think" that if we can get tenant to sign a "surrender of tenancy" form then that covers it? But I am unsure.

2) I assume small claims to recover the monies owed?

1) What to do about what seems to be surrender of tenancy? LL obviously wants to get in asap clean up and re-let, however I think ti is not as easy as that?

I "think" that if we can get tenant to sign a "surrender of tenancy" form then that covers it? But I am unsure.

I don't know the answer but it occurs to me this tenant sounds unlikely to be willing to sign a Surrender of Tenancy form, or have any contact at all with LL. They've done what used to be called 'a moonlight flit'. If tenant has blocked LL number what happens if LL calls from a different number? (That gets blocked as well I expect!).

Presumably in one month's time the LL can take possession anyway?

I'm asking more questions than giving answers here, but procedurally how do you start small claims court proceedings against a tenant who has vanished and you have no address for?

The small claim is a secondary problem. Right now they want to gain legal possession and move on. I think it looks like "implied surrender" but as yet LL has not been able to get the keys.

 

 

I'm asking more questions than giving answers here, but procedurally how do you start small claims court proceedings against a tenant who has vanished and you have no address for?

 

 

 

 

Even if you are to find an address the chances of them paying will be very remote.

Well yes. It might be worth a try but legal possesion is key right now.

Strictly speaking the following does not fully comply with regulations, but no judge would ever side with tenant imo.

Get a locksmith or spare keys, start rolling a video, enter the property and make footage of all corners of the house, including service cupboard.

If it's clear they've left and you haven't been able to contact them, clean up and rent it to someone else.

It's virtually impossible for someone who owes you money to start a claim for illegal eviction, otherwise they'll have to disclose their address.

In my experience, usually tenants leave a note for the LL inside the property, some apologetic, some abusive.

Have a look.

I hope utilities were in the tennants name . take meter readings just in case .

Hi

I would advise caution on changing the locks advice as the Tenancy Agreement is still live.

Have a look at this 'Housing and Planning Act 2016': http://www.legislation.gov.uk/ukpga/2016/22/contents/enacted

(look specifically at 'PART 3 Recovering abandoned premises in England')

A friend of mine had a similar case, the tenant owed more rent and had gone back to Higeria for a long time but he was still refused possession of his property by a judge ( because he might want to returna nd challenge the eviction notice) so tread carefully. I would be tempted to change the locks but state if asked that it is just a security measure because someone had reportedly broken in and not an attempt to prevent access by the tenant. the chances are it is the last you will ever see of them but possibly not if they tink you ahve got the procedure wrong, they will be after a cash settlement to avoid nastiness

I don't know much about this area of law, so sorry if this is a dumb question, but OP says it's a 6 month AST and there's only a month left run. So if OP doesn't hear anything from the tenant before the AST termination date what happens? Won't OP automatically be entitled to take possession at that date? If so maybe simplest thing is just to wait it out for a couple of weeks + doing what ericsbrother suggest re changing locks for security reasons?