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Original poster

Tenant temporarily moved out?!

26 replies

CalliopeTorres · 09/09/2015 01:23

We rent a house out and DH contacted the tenant a few days ago to discuss getting access to the house to do a few little jobs to prepare for winter and also to measure up for new double glazing. The tenant responded eventually today to say he was staying at his girlfriends 30 miles away and could it wait until October? It then becomes apparent he has been there for a number of weeks already caring for her as she is poorly. I'm pretty sure this invalidates both our insurance and is against the terms of his tenancy. Any of you wise mumsnetters know where we stand?

In a side note he isn't the straightest of tenants, this stay with his girlfriend coincides with an arrest which will have made him unpopular in the local area (attempted burglary) and tbh we'd be very happy if he moved out and we could take possession of the property again, sort it out (he's a bit of a steptoe character) and rent it out again. Having said that he pays the rent and doesn't cause (us) much hassle.

OP posts:

VimFuego101 · 09/09/2015 01:44

What kind of tenancy agreement do you have with him?

Original poster

CalliopeTorres · 09/09/2015 01:55

An AST, originally for 12 months now on rolling contract.

OP posts:

FishWithABicycle · 09/09/2015 05:22

If it's against the terms of the tenancy it's reasonable you give him notice.

tribpot · 09/09/2015 07:04

Yes, it probably invalidates your insurance. Have a look at the tenancy agreement and serve him notice. Given he doesn't sound like an ideal tenant anyway this would be worth doing regardless.

I'd give him written notice of your intention to enter the property to assess the need for winter repairs/measure up for double glazing and to inspect the property in view of it having been left empty (when did you last do an inspection?).

lighteningirl · 09/09/2015 07:10

Is he in prison? There is no reason he can't drive/bus/train back for an inspection

wowfudge · 09/09/2015 07:21

You can only enter the property without his permission in order to deal with an emergency - that means things like a leaking pipe. So if he says no to your husband's visit then you cannot enter the property. If he says he can't come back for an inspection and he doesn't want one without him being present, you have to respect his wishes.

Check the provisions of your insurance. Yes, read the tenancy agreement but do check that its provisions are legal before you take action. Plenty of tenancy agreements contain provisions which are not legal.

Be aware that if you choose to serve him notice with the correct s21 Notice then this does not mean he will be out at the end of the notice period (2 months if you serve him notice rather than him giving you notice). It means that if he doesn't move out you can commence eviction procedures. It could take months.

Original poster

CalliopeTorres · 09/09/2015 08:10

No he isn't in prison however he has no money and so coming back to facilitate a request from us isn't on his radar. This is infuriating, I don't want the house left empty as it gets colder. If I were to serve notice is it still effective if I send it to an address I know he isn't living at right now ie- the rental address?

OP posts:

LIZS · 09/09/2015 08:18

You need to check your insurance policy but most allow for absences of a certain length like 30 days, longer if you notify them. If he hasn't left it empty and has left the usual services connected I don't see that he has breached the terms unless the lease specifies otherwise. Perhaps you could offer to terminate the lease were it to suit him better, then you can do the work. It does sound as if he might have other things preoccupying him though.

Original poster

CalliopeTorres · 09/09/2015 08:53

He says he has been with his girlfriend for the last 6 weeks and doesn't plan to come back until possibly October. I think the offering (in the most sensitive way possible) and obviously not forcing the issue if he says no, to terminate the contract quickly and quietly might be something we will do. He may well want to move in with her permanently yet not let us down. If he says no then we can look into doing it officially giving the correct notice periods although I don't want to make his life more difficult than it is.

OP posts:

hereandtherex · 09/09/2015 11:37

Have you visited the property?

Id suspect sub-lettign or a cannibis farm.

monal · 09/09/2015 12:20

On the upside if it's a cannabis farm it'll be heated
/helpful

specialsubject · 09/09/2015 12:22

I would also recommend a drive or walk by -as noted you can't go in without his permission except in emergency.

and then sound him out to see if he wants to leave and stop paying for a property he isn't using. You could just give him notice but as mentioned, that doesn't mean he will leave.

check your malicious damage and legal expenses insurance too, especially if he now has a record.

tribpot · 09/09/2015 12:53

Have you spoken to your insurers? The last thing you want to do is hit them for a claim for damage without them being aware the property's been empty. Definitely do a drive by if you can.

lorelei9 · 09/09/2015 13:00

have you asked the tenant for permission to enter and do the work without him being there? If he says no, that would worry me.

if he says yes, and you go, you might find it in perfectly good condition. thatr would negate one worry.

then you can deal with the insurance.

but was it in the contract that the tenant couldn't leave the property unoccupied for x period of time? I'm just wondering if he was genuinely unaware it might cause issues.

Original poster

CalliopeTorres · 09/09/2015 13:40

He's not the sharpest tool in the box so I have no doubts he wouldn't realise it would be an issue. I drive past the house semi regularly and it's still standing. DH has tried to contact him today so awaiting a further response.

OP posts:

hereandtherex · 09/09/2015 14:08

AFAIK all building insurance insists that a house is not left empty for more than 2 months.

Does not matter is the house is tenanted or OO.

There are good reasons for this - Ive been in a house where the pipes had burst and no-one had been in for 2 weeks

Original poster

CalliopeTorres · 09/09/2015 14:20

Yes I've checked and the house must not be left empty for a period of more than 60 consecutive days. How do I make him return?!

OP posts:

FishWithABicycle · 09/09/2015 15:10

Not sure if this would be approved by your rental deposit scheme: however if a property is going to be left unoccupied for a long period it is possible to buy an additional insurance premium to cover it. Check this would be allowed then write and say that if the property is still unoccupied on X date it will be considered an empty property by the insurers and the additional premium you are therefore required to pay will be deducted from his security deposit due to the breach in the terms of the contract.

wowfudge · 09/09/2015 16:03

The obvious way - depending whether the tenancy agreement has a clause about periods of no occupation - would be to advise him that he needs to return for at least one night so as not to be in breach of his tenancy.

TwmSionCati · 09/09/2015 16:07

you don't make him return you evict him as he has 'abandoned the property'. Burglary indeed ! Not the kind of tenant you need, and it seems he has somewhere to stay anyway.

Original poster

CalliopeTorres · 09/09/2015 16:11

Yeah he's a 'character' alright. Does anyone know the answer to the above question re it being ok to serve notice to a property I know he isn't living in at present and therefore not likely to get it?

OP posts:

TwmSionCati · 09/09/2015 16:12

www.propertyhawk.co.uk/?tenant-abandonment

Original poster

CalliopeTorres · 09/09/2015 16:19

what a bloody headache! Thank you for the help.

OP posts:

tribpot · 09/09/2015 16:54

Eviction is very tricky so it might be worth getting some formal advice. How are you communicating with him, by email? If yes, I would email the letter to him and advise hard copy has gone to his address as you don't have another one to serve notice on him.

Original poster

CalliopeTorres · 09/09/2015 17:11

No via text at present, he doesn't have regular reliable internet access (payg phone doesn't have landline connected) and I figured some kind of record of the conversation is better than nothing.

OP posts:

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