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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 5582
Experience:  Solicitor
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I have rented a property. At the end of the tenancy the

Customer Question

I have rented a property. At the end of the tenancy the tenant has not paid his rent arrears or returned the keys to the letting agent after being asked to do so. No one knows of the tenants wereabouts and he is not living at the property. The letting agent has tried to contact him for a end of tenancy inspection but he has not turned up for this. He has left a light on in the upstairs bathroom for the past month and I am concerned it is a fire risk. Also he has left the house dirty with rubbish outside the back door. What advice do you give.
Thank you.
Submitted: 29 days ago.
Category: Property Law
Expert:  Jamie-Law replied 29 days ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve? Bearing in mind if you dont know where tenant is, your options are limited.

Customer: replied 29 days ago.
I want him to return the keys and pay the rent so I have possession of my property. The letting agent says I or they are not allowed to enter the property untill he returns the keys.
Expert:  Jamie-Law replied 29 days ago.

Have you arranged an 'inspection' to see if tenant has moved out?

Customer: replied 29 days ago.
The agent says they cannot enter the property to check unless he is there.
Customer: replied 29 days ago.
The agent has issued him with a section 28 eviction notice
Customer: replied 29 days ago.
Hello Jamie are you still there. Thanks
Customer: replied 29 days ago.
I dont want to switch to live phone chat Thanks
Expert:  Jamie-Law replied 29 days ago.

S.21 notice you mean?

Customer: replied 29 days ago.
Not sure but it is an eviction notice
Expert:  Jamie-Law replied 29 days ago.

Probably S.21 notice. Actually you can gain possession if it been abandoned.

But assuming not, then you need to get a Court order for possession.

When you get a Court order you can ask for Judgment on the arrears.
But the reality is, if you do not know where the tenant has gone to, you would have a paper Judgment only.

But a S.21 has been served. If the property has been abandoned, you dont need a court order.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Customer: replied 29 days ago.
The tenants Father has signed to be a guarantor. Is he able to accsess the property to turn the lights off and is he liable for all costs ie rent arrears and any damage.
Expert:  Jamie-Law replied 29 days ago.

Yes he would be able to gain entry and yes, he is liable for all rent due and damage caused.

Does that clarify?

Expert:  Jamie-Law replied 23 days ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

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