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Original poster

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...

OP posts:
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pleasehelpwi3 · 19/03/2023 01:41

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!

Not at all cheeky- protecting the deposit is the most basic thing a landlord legally needs to do and if the tenant really wanted to screw the landlord over, they could.
I wonder if the OP did the Landlord Boiler safety certificate too, and record the (odious) immigration check that needs to be done before renting....

MrsMikeDrop · 19/03/2023 01:43

Undisclosedlocation · 18/03/2023 22:31

The term ‘accidental landlord’ is really ticking me off here.
OP, you were happy enough to ‘accidentally’ collect rent for 5 years while dodging your legal responsibilities.
Bit of a nerve whining now it’s come back to bite you imo

Me too. You give landlords a bad name OP, call it karma

TheTeenageYears · 19/03/2023 01:56

If you had protected the deposit you could have used it to get the house cleared and taken her to small claims over the outstanding rent but it's not a quick process and you would probably need to know where she is. As you didn't protect the deposit she has you over a barrel and the fact she stated it in her message shows she knows it. You won't win this one. The best thing you can do is return the deposit and pay to clear the house/try and sell as much as you can to cover costs of clearing. You can't go down the legal route - you'll lose.

Pupinski · 19/03/2023 01:59

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.

The OP would most likely lose that legal battle. Not protecting the deposit is a serious error. The tenant could countersue for 3 times the deposit and would win - there is no defence. The tenant may claim breach of contract, and therefore the terms of the contract (rent) are null and void so not payable. The OP could additionally be facing a fine (max £20000) for not protecting the deposit.

The OP's position is not strong to say the least!

OldFan · 19/03/2023 02:03

These government-backed schemes ensure your tenants will get their deposit back if they:

meet the terms of your tenancy agreement
do not damage the property
pay the rent and bills

The deposit must be returned to your tenants within 10 days of you both agreeing how much they’ll get back.

www.gov.uk/deposit-protection-schemes-and-landlords

I.e. the landlord still decides how much (if anything) the person gets back, based on what the tenant's done or failed to do.

But obviously if OP hasn't done the basics such as safety checks a disgruntled ex-tenant could dob her in I guess..

Pupinski · 19/03/2023 02:06

AccidentalLandlord1 · 18/03/2023 21:58

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

Another serious failing. You were legally required to have gas checks carried out every 12 months.

Fansandblankets · 19/03/2023 02:12

AccidentalLandlord1 · 18/03/2023 21:58

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

Gas certificates are needed yearly. Honestly I’d pay her the deposit back, clear the property at your own cost and start afresh with an agent managing the property. If you didn’t protect the deposit and you haven’t done the required gas checks you’ve broken the law.

Cassiehopes · 19/03/2023 02:17

Come on. Everyone knows deposits need to be protected. I’m not even a landlord and I know. You clearly did know about it as you’re mentioning it now?

If she’s blocked your number, I wouldn’t do anything. What can you do? The number is blocked. If she gets back in contact I’d say you’re keeping the deposit to cover the missed rent and ask her to send money to cover the cost of clearing out and cleaning her flat. See if that makes her back down. Don’t know if it would work though. Probably you need to speak with a lawyer.

Luckyluv · 19/03/2023 02:17

Doesn't it boil down to how badly you need the money? You didn't even realise she hadn't paid rent for the last couple of months - so I'm guessing not that badly? So why take the risk playing games with not paying the deposit back.

You've messed up OP. Gas certificates need to be done annually. You didn't protect the deposit blah blah. You've probably broken a number of rules. Cut your losses - send the deposit back.

If she's been a good tenant for 5yrs and left the flat in good order then you've actually done pretty well out of her.

Sell the property. I'd leave the furniture in and get it straight on the market. Sometimes people buying a property - especially a first home, need furniture and you might be able to cut a deal on it as part of the house buying process. A young couple might buy a sofa and wardrobe off you for a good price etc and that will save you the hassle and cost of getting it removed.

Tigerzmum · 19/03/2023 02:28

I agree wholeheartedly with your comments. They are not only altruistic, but practical for the future of our existence.

EmmaGrundyForPM · 19/03/2023 02:54

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

When I met DH he was renting a room in a shared house. He owned a house in another part of the country which he couldn't sell as it was in negative equity. He really didn't have any choice other than to rent it out. Even then, the rent didn't cover the mortgage payments.

That said, he did it through a property management company and made sure he complied with the law!

Lostinpari · 19/03/2023 02:56

Think you need to contact the landlords association. They will give you the correct legal advice. Doesn’t matter in anyone’s opinion what should happen you need professional legal advice.

Kiopa · 19/03/2023 03:00

People on Mumsnet are mad! Don't pay the deposit back. Keep it to part cover the unpaid rent until/unless she takes you to court for it and then get some proper advice from a solicitor. She might win a claim against you for not protecting the deposot but you could counter claim for the unpaid rent. Realistically someone who abandons a rented property and doesn't pay rent for a few months is unlikely to sue you for their deposit. She's just chancing her arm.

Kiopa · 19/03/2023 03:07

Pupinski · 19/03/2023 01:59

The OP would most likely lose that legal battle. Not protecting the deposit is a serious error. The tenant could countersue for 3 times the deposit and would win - there is no defence. The tenant may claim breach of contract, and therefore the terms of the contract (rent) are null and void so not payable. The OP could additionally be facing a fine (max £20000) for not protecting the deposit.

The OP's position is not strong to say the least!

Show quote history

The terms of a contract don't become 'null and void' because of a breach of contract. The tenant is still liable for rent. And not protecting the deposit is unlikely to have been a breach of contract anyway - it's a breach of a statutory requirement. Honestly the armchair lawyers are out tonight.

torquewench · 19/03/2023 03:36

AccidentalLandlord1 · 18/03/2023 21:56

She mentioned in her message along with providing her bank details that I can just transfer the deposit directly back to her as she is aware it isn't protected. I have no idea how to find out where she is now. She is from Scotland originally so may have even gone back up there. Nightmare

Get a tracing agent to find her. Someone I know was in the same situation. Was owed 2k in rent when their tenant left, leaving all their gear behind. Agent found her within days. Resulting in a van arriving within another couple of days to deliver all the stuff she couldn't be arsed to take herself. Closely followed by court papers demanding unpaid rent.

YetMoreNewBeginnings · 19/03/2023 03:36

AccidentalLandlord1 · 18/03/2023 21:58

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

You did it when she moved in? FIVE years ago?

Send her the deposit back.

She knows you haven’t protected it, she’s specifically mentioned it.

That means she also likely knows that not bothering with gas checks can land you in prison…

Take the hit. You cut the corners. That’s the gamble you took. Give the tenant their money back, pray they don’t report you and don’t risk the lives of tenant again - sell up. You’re not cut out to be a LL.

Redebs · 19/03/2023 04:57

Kerfuffler · 18/03/2023 21:54

Please don't tell us you also stupidly didn't manage to do gas/electric safety and EPC certs and right to rent paperwork too OP?

This

Redebs · 19/03/2023 04:59

AccidentalLandlord1 · 18/03/2023 21:58

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

And every twelve months? By certified tradespeople?

JimnJoyce · 19/03/2023 05:31

define lower earning scurge

Jadey1986 · 19/03/2023 06:01

Did you draw up a tenancy agreement? If so surely she will have broken that agreement?
If this was me, I would use another phone to contact her as she blocked your number. I’d say i was keeping the deposit due to x amount of unpaid rent and the cost of removing and disposing of the unwanted property she has left. If she has any questions she can contact you.
Call her bluff over the unprotected deposit. If she goes after you for that i’d go after her for the unpaid rent.

rwalker · 19/03/2023 06:13

I’d take the hit and be prepared to be fined

realistically you’ve not stolen or ripped anyone off it’s purely procedural

where she’s not paid rent but lived in your flat and left all her shit behind

I’d peruse her through the court with no LL reference and a ccj it will definitely affect her in future

she’s trying to blackmail you

Princessbananahamock · 19/03/2023 06:15

So she did the moonlit flit, I would be also wondering what other debt she owes ! Council tax, utilities, credit card loans etc.

blumppump · 19/03/2023 06:25

Why did you think the law didn't apply to you op?

GrasstrackGirl · 19/03/2023 06:31

If this is true then you're not very bright OP and the tenant knows that she has you over a barrel.

Protecting the deposit and organising yearly gas safety checks etc is such a basic requirement.

Do not think that you have the upper hand here, because you don't. Return the deposit and pray that the tenant doesn't report you.

SeasonFinale · 19/03/2023 06:37

AccidentalLandlord1 · 18/03/2023 21:58

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

Gas checks should be done annually.