Tenant has abandoned property

[AccidentalLandlord1]

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...

[skyeisthelimit]

OP, whatever advice I was going to say, is totally negated by the fact that you didn't protect the deposit. The rules are very clear on deposits and have been for a long time, that they must be Protected. It protects both the Landlord and the Tenant as if there is any dispute at the end of the Tenancy, the deposit company will sort it out.

You could have kept it in lieu of unpaid rent/clearing up charges, but she could now claim for up to 3 x the deposit if you didn't protect it.

She was very wrong to leave all her belongings there for you to clear up, but if you have it in writing that she wants you to sell them and keep the money, then take photos of anything decent and put it on facebook marketplace. Arrange to spend a day there at the weekend for people to collect and pay. We cleared my grandmothers house that way.

If you let it out again, use a Letting Agent who will check that it meets all legal requirements, and they can hold and protect the deposit for you. you don't have to use them to manage it if you don't want to. They can advise you on the regular safety checks etc that need doing.

I am sorry that your Tenant did this to you, however you shot yourself in the foot by not protecting the deposit.

[Postapocalypticcowgirl]

For those saying that the tenant won't pursue this as they have no money, there are companies like this one that will help people chase deposits on a no-win, no-fee basis: tenantangels.co.uk/

If the situation went to court, it's very likely the lack of gas safety certificates would come out and possibly other things the landlord has neglected to do.

The OP needs to check her situation very carefully, as she's not just facing fines, but a potential prison sentence too.

I do agree it might be a good idea to do a welfare check and find out if she is okay, and it's definitely her bank account.

[mynamesnotMa]

She can come after you at a later date if she wanted to.
Sounds like you should thank your lucky stars she surrendered the property and put in writing you can can get rid of her stuff.
How can you not know she hadn't paid for two months.
Sell up and invest money in a savings account.

[YetMoreNewBeginnings]

@KTheGrey

@GrasstrackGirl

Why do you think? Do you know landlords this has happened to? There's someone on this thread describing losing their deposit to their landlord last year. They don't appear even to have known about the protection scheme. I think it's just another government racket myself and I hear courts are busy now the government doesn't fund them so much.

My maths is right according to the government website, although they might impose the £10k fine I have not seen it happen myself.

I know several shit landlords who’ve had to pay multiples back.

My current tenant got the full 3x back from their previous landlord.

There’s a very good tenant support group near where I’m from that is very active on this front (and as a LL I’m fully in support of that - shit LLs need driven out).

[imnotsickbutimnotwell]

Not sure why you have quoted me as I haven’t said anything about taking a friendly approach. My whole post is about how many laws have been broken and how serious this is.

[Fernanfrank]

@MumOf2workOptions

Don't give her the deposit back I'd let her contact you then get a professional cleaner and house clearance in and that will likely wipe the amount anyway

Oh and a locksmith

A sure fire way to be taken to court. And maybe give a nice little jail term. It doesn't matter that the tenant hasn't paid their rent. The OP has failed to meet any of the LEGAL requirements for safety checks and deposit scheme.

[YetMoreNewBeginnings]

It’s interesting that the OP has had so many posters posting supportively.

Its always interesting on here seeing how many people are instantly anti-LL and how many people are instantly anti-tenant.

It feels very often that it doesn’t actually matter what the situation or problem is, people have their view of being one side or the other or stick with it regardless.

[justasking111]

I'm not anti either. Wales got all this organised back in 2016. You had to apply for a licence by studying the regulations, then do an exam. If you passed you got a licence with rent smart Wales. Even before that you were obliged to protect deposit and do annual gas checks which we've been doing since 2007. I get regular emails and updates from them and the DPS.

England let councils do their own thing which is a mistake imo there should be an industry standard. Reading in the media the damp flats unfit for habitation are council owned. They need to clean up their own back yard first.

[Needmoresleep]

@justasking111

I'm not anti either. Wales got all this organised back in 2016. You had to apply for a licence by studying the regulations, then do an exam. If you passed you got a licence with rent smart Wales. Even before that you were obliged to protect deposit and do annual gas checks which we've been doing since 2007. I get regular emails and updates from them and the DPS.

England let councils do their own thing which is a mistake imo there should be an industry standard. Reading in the media the damp flats unfit for habitation are council owned. They need to clean up their own back yard first.

Why the exam? Can't Welsh landlords follow the law by joining an organisation like NRLA, or by employing a letting agent to do the paperwork and compliance for you.

The impact of too much regulation on good, professional landlords is to drive them out of the market. Less supply means rents rise. And if chancers like OP who somehow decide that because they are only accidental landlords, rules do not apply are hardly likely to comply with a requirement to sit exams.

(Says a grumpy landlord who has spent the morning on getting paperwork up to date. The only silver lining being that I have been told I can expect a 50% rent increase when one property is relet. More regulation means more work and cost for me but the tentant pays in the end.)

[YetMoreNewBeginnings]

England let councils do their own thing which is a mistake imo there should be an industry standard.

I agree @justasking111

Localky we had a pilot project for a few years. LLs could voluntarily sign up. The council checked the property was decent (lots of flat roof properties round here so leaks/damp is a major issue), the rent was fair, the legalities were all correct and the Ll was someone they didn’t have a huge long list of complaints about.

in combo with a glut of social and affordable housing being built it gave tenants a really good idea of which LLs were decent and which weren’t.

It put a few really really shit LLs out of business.

if you wanted to you could even pay and the council would let your tenant phone them for repairs - so you had a 24 hour repair line basically. And it was very decently priced.

cutbacks at the council mean they’ve now scrapped it. Even though the housing guys themselves are absolutely convinced it helped with a lot of stuff and overall saved money.

[KTheGrey]

@YetMoreNewBeginnings

Well I stand corrected. Anybody get a jail term? Last time I rented I lost my deposit (having done no damage and scrubbed the whole place to sparkling) twice and there was no recourse. It was Just Tough. Bye bye one month's rent when you moved unless you didn't pay the last one, which felt dishonest. I got over that by the third time.

[YetMoreNewBeginnings]

@KTheGrey

@YetMoreNewBeginnings

Well I stand corrected. Anybody get a jail term? Last time I rented I lost my deposit (having done no damage and scrubbed the whole place to sparkling) twice and there was no recourse. It was Just Tough. Bye bye one month's rent when you moved unless you didn't pay the last one, which felt dishonest. I got over that by the third time.

Not for that.

Was your deposit protected when you moved?

it was very common before deposit protection to lose deposits. Many LLs seemed to view the deposit as theirs.

Its actually quite difficult to keep a full deposit even in a major damage case now with deposit protection as you both make your case to them and then they decide on amounts. A tenant I know got some back even though there was cigarette burns on 3 carpets.

[Emotionalsupportviper]

@Intergalacticcatharsis

These types of posts make me think there should be a formal online register of landlords. ID number, tax reference, gas and electrical certificates, yearly confirmation by landlord that property is in good state of repair etc.

The Tories will never put that through . . . half of their support comes from "Rachmans".

[C4tastrophe]

Another ‘accidental arsehole’ thread!
I hope the OP has been declaring to HMRC.

[ChickenDhansak82]

If you didn't protect her deposit, then you have failed in your legal obligation, so you have NO CHOICE but to return the deposit in full.

If you don't return it, then she can and no doubt will sue you for 3x the deposit amount and will win.

Return the deposit, sell/get rid of her furniture, and read a book on being a landlord or sell the property.

There is no such thing as an accidental landlord. You CHOSE to rent the property out. Your other option was to sell. No excuses.

[ConsuelaHammock]

I wouldn’t pay her her deposit and if she came after it I’d take her to small claims court for payment of three months rent and a charge for clearing and disposing of all her belongings. Take lots of photographs of the property as she left it.

[Kerfuffler]

@ConsuelaHammock

I wouldn’t pay her her deposit and if she came after it I’d take her to small claims court for payment of three months rent and a charge for clearing and disposing of all her belongings. Take lots of photographs of the property as she left it.

I'd hope your hypothetical tenant reported you for failing to meet statutory safety regs and you'd get a jail sentence.

[ConsuelaHammock]

@Ihatethenewlook

Reply with I’ll return your deposit after you’ve paid me the 3 months missing rent, the 1 months unpaid notice, and the x amount of removals and cleaning costs of your abandoned items.

This. You can take her to court for breaking her tenancy agreement. She left the property in a state and didn’t give you notice m. She’s having a laugh.

[monsteramunch]

@ConsuelaHammock

This. You can take her to court for breaking her tenancy agreement. She left the property in a state and didn’t give you notice m. She’s having a laugh.

It would be monumentally foolish of OP to take her to court though wouldn't it? Because she's failed to adhere to her legal obligations on both safety checks and deposit safeguarding so could face fines, charges and on paper a custodial sentence.

Even without a custodial sentence, do you think it's sensible for OP to pursue a tenant for unpaid rent when she has far more to lose both financially and as regards her reputation, due to her failure to act within the law as a landlord?

It's bizarre anyone is suggesting she involve the authorities when she's been breaking the law for so long.

[KTheGrey]

@YetMoreNewBeginnings

No - it was before 2007. Renting in the 90s was pretty grim - lots of slugs and mould.

I think the idea of deposit protection is good, but the way it's been implemented isn't even handed or clear.

I think the protection schemes should pay the tenant interest on the deposit and I also think that if someone damages property they should lose the amount to make it right, or if they flit then they should lose their deposit to pay for the month's notice, because that is the contract. I always paid rent, didn't damage property and kept the terms of the contract, which is why I felt hard done by.

I think in this case it's unjust that the failure to protect the deposit outweighs the failure to pay rent. In the case of the cigarette burns, landlord has to replace the whole carpet in that area, so that's expensive; they might get some back but the expense of the carpet should be met.

The local scheme sounds good, and if that were run nationwide, clearly, under one name, it would be an improvement, because "accidental" landlords would know/be told what to do. The law should be fair for tenants but it should be fair for landlords too.

[ConsuelaHammock]

It would be foolish of the op to take the tenant to court for unpaid rent I agree. But if she comes after the deposit I would threaten it. The chances of a custodial sentence would be ridiculously slim I imagine. I’d take the gamble in her situation. Write a letter asking for removal of all items and post it to the only address you have for her . Change the locks . Clear and repaint and get house ready for new tenants. Get safety certificates and protect the next deposit and forget about her.

[ConsuelaHammock]

Are there any landlord lists for bad tenants? I’d add her name to it if you can.

[dogpoobin]

@ConsuelaHammock

Are there any landlord lists for bad tenants? I’d add her name to it if you can.

And OP can pop her name on the "bad landlords" list whilst she's at it. For breaking several legal requirements including not protecting her tenant's deposit and failing to carry out gas safety checks as required.