AIBU?
Tenant has abandoned property
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...
Am I being unreasonable?
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Mrshawshouse · 18/03/2023 22:48
She's obviously on a bad situation. She can't afford the rent and has insinuated that if you don't give her the deposit back she can report you, because you broke the rules.
You didn't even notice that she had missed 3 months of payments which implies that you are quite comfortable.
I think that if you give her the deposit back she will leave it at that, unless you were an awful landlord and then she could report you out of spite, which would be fair enough.
BlackBarbies · 18/03/2023 22:49
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.
I agree with this. You’d have a leg to stand on if she did all this and you had done everything right however you haven’t.
How did she even find out if her deposit was protected properly or not? I didn’t know us tenants could access that information
mrsmoppp · 18/03/2023 22:49
Lots of people on these type of threads mention reporting landlords for things have have been done that have not been legal. Who exactly do you report them too? My landlord has broken many laws. Police not Interested, local council aware. But how exactly do the laws become forcible?
StoppinBy · 18/03/2023 22:50
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What a nasty person you seem to be.
You hope that someone who has already screwed over the OP takes further advantage and screws her over more?
Nasty.
Maverickess · 18/03/2023 22:51
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The lower earning mumsnet scurge will hound you - but they're that for a reason.
Nice sentiment there, fancy having ideas above your station about fair and legal treatment when you're 'lower earning scurge' (and I'm sure it's scourge? Though I'm lower earning so wrong automatically 🤷🏼♀️)
justasking111 · 18/03/2023 22:51
BlackBarbies · 18/03/2023 22:49
I agree with this. You’d have a leg to stand on if she did all this and you had done everything right however you haven’t.
How did she even find out if her deposit was protected properly or not? I didn’t know us tenants could access that information
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.
Because the deposit protection people contact the tenant at the time they receive it. They're working for both parties
BlackBarbies · 18/03/2023 22:52
fairypeasant · 18/03/2023 22:50
@BlackBarbies you should have a notice from the protection people. If you don't, write to the landlord and check who they've used.
That’s really interesting, I had no clue. That’s good information to know for future references, thank you
Blossomtoes · 18/03/2023 22:54
StoppinBy · 18/03/2023 22:50
What a nasty person you seem to be.
You hope that someone who has already screwed over the OP takes further advantage and screws her over more?
Nasty.
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It’s not nasty to point out that a landlord has failed to fulfill their obligations and hope they get their just desserts. I hope she does too.
gazpachosoupday · 18/03/2023 22:54
MoroccanRoseHChurch · 18/03/2023 22:26
I’m really surprised at how many people are saying to pay the deposit to her! Your potential exposure is 3 x deposit (1 months rent?) her expose is 3 x months rent? You surely just “drop hands” and call a house clearance company?
I have had rentals where they have asked for 6 weeks plus deposit. The OP (if real) is more at risk
StoppinBy · 18/03/2023 22:59
Blossomtoes · 18/03/2023 22:54
It’s not nasty to point out that a landlord has failed to fulfill their obligations and hope they get their just desserts. I hope she does too.
StoppinBy · 18/03/2023 22:50
What a nasty person you seem to be.
You hope that someone who has already screwed over the OP takes further advantage and screws her over more?
Nasty.
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It is absolutely nasty to wish ill on somebody, they're already down months of rent, they need to clear the house and you want them to have their financial loss increased.
You're both nasty people.
I guess you now hope the tenant finds their dream home and lives happily ever after because 'they deserve all the good things in life after their terrible landlord screwed them over' total ridiculousness.
AlmostSummer21 · 18/03/2023 23:00
Kaibashira · 18/03/2023 22:15
Give her the deposit back.
Her not fulfilling her obligations as a tenant (= paying rent, giving notice) doesn't cancel out you not fulfilling your obligations as a landlord (= e.g. putting the deposit in a registered scheme).
You can pursue her for unpaid rent etc. but that is entirely separate to the deposit issue.
No-one is an "accidental landlord", they just choose not to sell because they think that they can get more money at a later date. Any property will sell if it is cheap enough, and if there are e.g. structural or other problems so horrendous that it won't sell, you probably shouldn't be letting it out either.
I don't mean to sound harsh but being a landlord comes with strict regulatory obligations and if you can't or won't fulfil them then you need to take the financial hit, whatever it is, and sell up OR stop thinking of yourself as "accidental" and step up.
Of course there are accidental
lsndlords. A poster before you explained how her sister died & thus her mother became an accidental landlord.
it's not all about money!
I might go to another country where my mum lives to look after her, basically until she dies. But England is my home, this house is my home! I'd be coming back to my home!
so I can rent it out - providing a nice home for tenants, and having the property lived in.
OR
I can leave it standing empty while people are homeless.
So I guess it's not 'accidental' but it's not like I'm doing it because I want to own rental properties.
maybe 'unintentional' is a better phrase?!
Kerfuffler · 18/03/2023 23:01
StoppinBy · 18/03/2023 22:59
It is absolutely nasty to wish ill on somebody, they're already down months of rent, they need to clear the house and you want them to have their financial loss increased.
You're both nasty people.
I guess you now hope the tenant finds their dream home and lives happily ever after because 'they deserve all the good things in life after their terrible landlord screwed them over' total ridiculousness.
Blossomtoes · 18/03/2023 22:54
It’s not nasty to point out that a landlord has failed to fulfill their obligations and hope they get their just desserts. I hope she does too.
StoppinBy · 18/03/2023 22:50
What a nasty person you seem to be.
You hope that someone who has already screwed over the OP takes further advantage and screws her over more?
Nasty.
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Don't forget to take into account the money OP saved on gas checks over the years.
sadieshavingashindig · 18/03/2023 23:02
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Honestly, imagine spending your Saturday evening foaming at the mouth like a wanker on the internet😂
If OP isn't genuine then you've fallen for it hook, line and sinker.
Gardengirl108 · 18/03/2023 23:05
The tenant will know that they didn’t get confirmation from the landlord within 30 days from the start of the tenancy stating the name and contact details of the tenancy deposit protection (TDP) scheme used and details about its dispute resolution service.
duckup · 18/03/2023 23:06
Regardless of how you became a landlord, your legal obligations, which you have failed to meet have far more serious consequences than the consequences the tenant will face for missed rent.
I'd be less focused on the issue with the deposit as although if the tenant takes you to court you could end up paying out more than the deposit paid by way of a fine, if it is brought up with the necessary authorities that you have not done the annual gas inspection you could be looking at 6 months in prison.
You also could not have served notice or evicted the tenant without having the gas check done as this forms part of the requirements for that process.
With regards to the belongings left behind. If you dispose of these with out following the correct legal process you are also leaving yourself open to legal action.
If I was in your position I would take some legal advice as you are in a far more precarious position than the tenant.
I would also suggest taking some time to understand the responsibilities that go with being a landlord and taking someone's rent for 5 years.
Turangawaewae · 18/03/2023 23:06
Be grateful she has left the property without the costs of evicting her. This can take months and incur $$$.
Is the property in good order or are there damages?
Given you didn't protect the deposit, suck it up and give it back. If you are going to continue to rent use an agent who can help you with the legal side. Being a landlord gives you huge power over people's lives and this should be respected.
AccidentalLandlord1 · 18/03/2023 23:06
This is a genuine post. Clearly I have been very stupid and I will be selling the property. I'm not heartless and like to think I'm a good person. She has a young child and has left all her child's furniture behind so I imagine isn't in a great situation. She paid fairly low rent and I only increased the rent once which was only by 25 pounds a month. If she was struggling and informed me then I would of tried to come up with a reasonable plan.
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