No notice gven to landlord and property not left same as when moved in

[icecreamman]

Hi!

Just spoke to my tenant today who is moving out tomorow without giving notice, the rent is on a monthly basis and is due tomorow, the tenant is refusing to pay as he said he is moving out tomorow and he is keeping the rent as its his deposit,

The property has been painted by him and needs to be put in the condition as of when he moved in, also i will now lose rent on the property untill i get a new tenant, is there anything i can do?

[MrShed]

When did he move in, and what was the fixed term - when was it due to expire?

[bazak1]

Hi,

adviceguide.org.uk and landlordactiuon.co.uk are two very helpful sites for problems such as this.

The norm is, the rent is paid, and depending on the state of property when tenant leaves, his deposit or percentage of is handed back unless major work has to be carried out by you.

If you can inform us of the terms he had, then you can assertain if he is in breach, and then (probably through court) reclaim lost rent etc.

[icecreamman]

Hi!

There were no terms laid down as i knew the person, he had been with me around two years plus, the agreement was verbal all i expected was that he paid on time and if he left then the decoration would be put back as he moved in,

I phoned him to say his rent was due and he said he was moving out tomorrow, i inspected the property today to see that the toilet is broke two rooms are a different colour, and my washing machine and leather sofa had been taken!

[MrShed]

A good case of why to treat people you know as per any other tenant.

 

I suspect that you will have no signed inventory...? In which case you basically have zero comeback on the condition of the property. You may be able to claim a months rent back due to the lack of notice whilst on a periodic tenancy, but again this will be far from straightforward due to the lack of written agreement.

[bazak1]

Apart from anything else,it just shows that one should never mix friendship with business.

As Mrshed states, do you actually have an inventory, because it would be a lot easier if you have. But, when you come down to basics, taking your washing machine and sofa is theft, whether they be friends or not, and is a criminal offence. But can you prove they was actually already in the property and that they are legally yours.

[Guest Alison82]

Just wondering how on earth would a LL be able to find thier ex tennant in order to take them to court, if they are the type to steal your sofa the they aren't going to leave a forwarding address are they?

[bazak1]

The only chance they have really, is IF ( and its a big if ) they enrol on the electoral register at an address in the future. Or is there a list of landlords for your area, or do you know them or have meetings, because you can always ask if they have this person as a new tenant.

[icecreamman]

Hi all!

I text my tenant reg sofa and washing machine, i told him unless returned id phone police, i heard nothing so phoned the police, they said its straight theft and he would be arrested, the next thing the tenant phoned and wanted to sort things out, i said he could buy them if he wanted he said yes and is meeting me tomorrow, i think i'll leave the rent thing and put it down to a learning curve, like you say never mix business with friendship, and to be honest from what you have said it seems like it will be hard for me to prove,

Oh how lucky was i to have the mobile no for him

Edited September 30, 2008 by icecreamman
added to wording