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...

[cantstandmuchmore]

Just tell her the cost to clear the property will come from her deposit as it was her responsibility to give notice and empty it.

Sell the items and hopefully you can recoup some costs.

[NorthernDrizzle]

Declared on tax return? Paid tax?

[LovingACountryBoy]

@AccidentalLandlord1

I did do a gas/elec safety check when she moved in

This is clearly a wind up.

The OP knows that mumsnet hates landlords. This is ‘wind them up and watch them go.’

[Ballcactus]

@AccidentalLandlord1

I did do a gas/elec safety check when she moved in

They need to be done annually. I’d pay it back and cut your losses.

[Coffeellama]

@AccidentalLandlord1

I did do a gas/elec safety check when she moved in

So you’ve broken the law there too and been putting her deposit and her life in danger. Don’t blame her for not paying rent really. Let this be a lesson to you in being a crap illegal landlord.

[CaroleSinger]

@MerryMarigold

What's a deposit for, if not to protect against missed rent and damage to property? Surely you don't give it all back and then take someone to court for missing rent?

Damages, that's what it's for. It is not meant for recovering missed rent. You do that through small claims. Deposits are nothing to do with recovering missed rent. Except OP can't go through small claims because they stupidly didn't put the deposit in a protection scheme, which is illegal. Their best hope is to give the deposit back and hope the tenant doesn't get informed of her rights. A landlord can be sure for not putting a deposit in a protection scheme and the tenant can be awarded up to 3 times the deposit in compensation. This is why property is not for the faint hearted. It's a business that can cause financial loss if you don't know what you are doing. Not protecting the deposit for 5 years is inexcusable and if OP didn't do something that basic, they probably didn't do other things legally required as a landlord either. Their best hope is once they give the money back they never hear from the tenant again, then sell the property to someone who actually knows what they are doing.

[Motorcycleemptyness]

@AccidentalLandlord1

I did do a gas/elec safety check when she moved in

You get better and better Op.
if I were you I’d be thanking my lucky stars i wasn’t typing this from prison. Don’t go after her for more money for fucks sake! And do not under any circumstances continue being a landlord.

[Coffeellama]

@LovingACountryBoy

This is clearly a wind up.

The OP knows that mumsnet hates landlords. This is ‘wind them up and watch them go.’

Good point, I don’t hate landlords at all but it even got me going 😅

[thegirlyupnorth]

Legally you have to protect her deposit? How have you not?

[Motorcycleemptyness]

@LovingACountryBoy

This is clearly a wind up.

The OP knows that mumsnet hates landlords. This is ‘wind them up and watch them go.’

That may be so, but some landlord DO carry on like this. I rented for years and the absolute clownery I encountered was off the charts.

Scum.

[fairypeasant]

You did gas when she moved in.

But not annually?!

Yeah, you've been a shit landlord. Not an accidental one.

Give the money back, and thank your lucky stars you're not being done for manslaughter for not getting the gas checked.

[Colourfingers2]

You only have to give that deposit back if she has proof that she paid it to you no proof of payment of deposit means no deposit paid.

[longleggirl]

How did you not notice that the rent hadn't been paid for 2 months? I'm baffled by that 🙈

[Greenfairydust]

You really should not be a landlord if you can't fulfil your basic legal responsibilities.

No one is an ''accidental landlord'' for 5 years.

You broke the law by not protecting the deposit.

If you had done that you could keep it to cover the unpaid rent and lack of notice, but as it is you will have to pay her back.


''@MerryMarigold

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.''

No. The OP broke the law by not protecting the deposit, so could actually be made to pay her damages...

[fairypeasant]

@LovingACountryBoy

This is clearly a wind up.

The OP knows that mumsnet hates landlords. This is ‘wind them up and watch them go.’

Of course.

[Coffeellama]

@Colourfingers2

You only have to give that deposit back if she has proof that she paid it to you no proof of payment of deposit means no deposit paid.

That doesn’t work if the tenant has proof that she paid it, or if it’s in the tenancy agreement.

[Fernanfrank]

Landlords like you are shameful OP! Didn't protect her deposit AND didn't bother doing the, legally required, yearly gas and electricity checks. 'Accidental landlord' is a bullshit excuse! You've profited off someone's need for a home for 5 years and completely disregarded the law, knowingly, at the same time.

I take it you spent her deposit long ago.

[mumda]

There may be a legal responsibility to deal with the property left.

[Fluffyhoglets]

Make sure you email or message her back to say you accept the surrender of the tenancy back to you on the date she told you and that you're confirming she's agreed you can dispose of what's left. And you are returning her deposit.
Then return it.
Then make sure you do things legally if you let the place out again. You've come off lightly if she just accepts that.

[Nextlevelnonsense]

@NorthernDrizzle

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.

My sister died with tenants in her rental property.
My elderly mother became a landlord.
How would you describe her situation?

This 'nobody is an accidental landlord' bollocks is frequently stated.

[Lachimolala]

As others have mentioned I’d give back the deposit for a quiet life. Not protecting it is completely stupid and means she could sue for 3x the amount.

Make back some money by seeking all the things she’s left.

Though you really need to do some research before you let the house again to understand fully your responsibility as a LL. If not then I’d cut your losses and sell.

[HowcanIhelp123]

You shot yourself in the foot by not following your LEGAL obligations as a land lord. You've broken the law. You can try to take her to court for missed rent but if she doesn't have it, they can't take what she doesn't have. You however will be held liable for fines etc because you didn't protect her deposit. She can claim 3x off you.

[GreenFingersWouldBeHandy]

How do you not know that not putting her deposit into a protection plan is illegal!?

[IncessantNameChanger]

I read on here you can retrospectively put it in the dps. Try that? I'd change the locks. My tennants missed the rent and I kept the deposit when they did a runner. Left the house full of shit. They left paperwork and hadn't paid council tax for two years either

[LovingACountryBoy]

@Motorcycleemptyness

That may be so, but some landlord DO carry on like this. I rented for years and the absolute clownery I encountered was off the charts.

Scum.

I bet they were not on mumsnet with the username ‘accidental landlord’, knowing mumsnet hate that term, telling everyone they hadn’t protected the deposit or done safety checks. And the bit about not having noticed the missing rent was designed to infuriate you all. So obvious.