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AIBU?

Tenant has abandoned property

390 replies

AccidentalLandlord1 · 18/03/2023 21:28

Hi everyone. My tenant of 5 years has abandoned my property today. She text me to say that due to a change in circumstances, she has left the property and has posted the keys through the door and the stuff she has left behind can either be thrown away or kept. I went to check and she has left her all her furniture such as beds, wardrobes, etc. She had always paid her rent on time so admittedly I'd become a bit laid back with checking but I checked today and she has not paid rent for the last 2 months and she missed a payment in October last year too. She also had the cheek to give me her bank details to give her deposit back...! Where do I stand with getting missed rent back from this tenant? I have no idea where she has gone and she seems to of now blocked my number. I am an accidental landlord as you can tell from my username and also rather stupidly did not protect her deposit. Does this mean I have to give it back?! Even if she owes rent. Help desperately needed...

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AIBU

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starsmoonstars · 18/03/2023 21:30

Surely you can keep the deposit in part payment of rent not paid ?
Sell the things she left to get the rest of the outstanding amount ?
If she’s blocked you then just ignore her

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Leftlegwest · 18/03/2023 21:31

I know you can be fined for not protecting it so, yes, you probably do have to give it back. Sorry, this sounds stressful.

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GobbieMaggie · 18/03/2023 21:32

Probably need professional advice.

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malmi · 18/03/2023 21:33

If she owes you three months rent then I would be pointing that out to her if you could. In return, you not protecting her deposit means she could claim multiple times its value, if she decided to legally pursue it. But I would probably hang fire to see if she gets in touch so can have the conversation.

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Precipice · 18/03/2023 21:36

Not protecting the deposit isn't mere stupidity. It's flagrantly ignoring one of the basic legal responsibilities involved in renting out a property. Like in any business activity, there are basic legal requirements for you to fulfil.

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Bobbybobbins · 18/03/2023 21:36

I think if she has blocked you she is probably very aware of the missed rent. Very cheeky to ask for deposit back but presumably chancing her arm and struggling financially. I wouldn't do anything money wise yet. Think if you rent out again going forwards you need to be more on top of the legalities!

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IhearyouClemFandango · 18/03/2023 21:36

malmi · 18/03/2023 21:33

If she owes you three months rent then I would be pointing that out to her if you could. In return, you not protecting her deposit means she could claim multiple times its value, if she decided to legally pursue it. But I would probably hang fire to see if she gets in touch so can have the conversation.

This.

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rebeccachoc · 18/03/2023 21:37

She could sue you for 3 times the deposit back as you didn't protect it. So if you don't give her deposit back and she starts googling for help she may find this out, so best to pay her deposit back and lose out on the deposit and 3 months lost rent, than losing the 3 months lost rent and 3 times the deposit. Expensive lesson sadly.

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IhearyouClemFandango · 18/03/2023 21:37

Precipice · 18/03/2023 21:36

Not protecting the deposit isn't mere stupidity. It's flagrantly ignoring one of the basic legal responsibilities involved in renting out a property. Like in any business activity, there are basic legal requirements for you to fulfil.

And this. There’s no excuse to do things badly. I hope it was safe.

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Loveyoutomatoes · 18/03/2023 21:37

You could actually be taken to the small court claims and end up paying a few times her monthly rent to her for not having protected the deposit.

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Motorcycleemptyness · 18/03/2023 21:37

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NorthernDrizzle · 18/03/2023 21:37

No-one is an accidental landlord and certainly not for 5 years

Pay her the deposit back
Clear the property
Put it up for sale.

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Untitledsquatboulder · 18/03/2023 21:38

You give her her deposit back and hope to God that she doesn't report you.
The lost rent and cost of clearing out the property you suck up, think of it as a lesson learnt.
Then either start acting like a professional landlord or sell your property.

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fairypeasant · 18/03/2023 21:38

You didn't protect the deposit?! Well, you have no legs to stand on!

I would return the deposit sharpish, forget about her, and hope no one finds out.

And sell the house- you obviously don't know what you're doing.

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Kerfuffler · 18/03/2023 21:39

Untitledsquatboulder · 18/03/2023 21:38

You give her her deposit back and hope to God that she doesn't report you.
The lost rent and cost of clearing out the property you suck up, think of it as a lesson learnt.
Then either start acting like a professional landlord or sell your property.

This.

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FrostyFifi · 18/03/2023 21:39

Why on EARTH didn't you protect the deposit?

I also don't think you can just reclaim the vacated property immediately.

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WiddlinDiddlin · 18/03/2023 21:39

I think you're going to have to take the hit here.

IF you had protected the deposit then you could almost certainly keep the lot given shes done a flit and left you with a ton of stuff to get rid of.

However as you have not done that, really, all you can now do is return her deposit, and then take her to small claims court for the costs of removing her crap and any repairs over and above general wear and tear, and of course the missing rent.

As you don't know where she lives now and she's blocked you...that's going to be pretty difficult.

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Oysterbabe · 18/03/2023 21:40

If you didn't protect her deposit not only must you immediately pay it back, she can make a claim from you for up to 3 times the value of it, in which case I would not push the rent thing.

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Oysterbabe · 18/03/2023 21:41

What does the tenancy agreement say about surrender of the tenancy and what happens with left behind possessions?

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notgettinganyyounger · 18/03/2023 21:42

I would not respond.
She has blocked you meaning she doesn't intend contacting you again. Send a message back and screenshot the fact it won't send.

Clear the house and sell the contents. Re-let the property and sit tight with the deposit until you hear something. I very much doubt you will. If she contacts you, then you can discuss missing rent, the cost of clearing and cleaning out the property. She will disappear.

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LIZS · 18/03/2023 21:43

Being an "accidental landlord" is not excuse to if ore your statutory responsibilities for five years. what other corners did you cut? If you don't return it she could sue you and you be fined. In fact she probably still could. Perhaps be grateful you are only three months' short.

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CandyLeBonBon · 18/03/2023 21:45

No-one is an accidental landlord and certainly not for 5 years

^^This.

The mere fact you've said you didn't protect the deposit means you know you should've.

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MerryMarigold · 18/03/2023 21:45

If she's blocked you, then you can't discuss the deposit and how much you would return if any. She can't just expect the full amount back without any discussion. She's not allowing you to discuss this. I very much doubt she'll take you to court in case you take her to court! Just ignore it and see what she does next. Take photos of the house and all correspondence.

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fairypeasant · 18/03/2023 21:45

If you keep the deposit, you'll find that instead of disappearing, someone like CAB will tell her she can get triple it back. And if you've not got through the legal channels to evict her, getting the rent will be tricky. You should have been keeping an eye, and noticed the first missing rent.

You're in trouble. She's offered you a decent deal- pay up, and sell up, and it's all gone away. Try making trouble for her, and I expect it will bite you on your clueless bottom, I'm afraid.

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Whatthefnow · 18/03/2023 21:45

@Motorcycleemptyness what an unnecessary and mean response.

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