Tenant And Letting Agent From ***!

[Smowball]

We’ve had a tenant (our first) for a couple of years and we decided to sell house. He refused to leave point blank. Served him Section 21. He still refused. By now have buyer. Tenant says he Isn’t moving till council house him.

To cut long story short 2 weeks ago he says out of blue that he’s handing keys back next day. He didn’t! Agents ring & he is now not answering phone. They go round and all blinds are shut. I now have solicitor on standby to serve court papers. I have just rang agent and said so has he gone now and they say oh don’t know. Can you just let yourself into house if you put note thru door first? No. So how on earth am I meant to know if he’s gone??

I don’t want to pay a fortune to a solicitor if he’s left! But agent refuses to look inside. I even suggested asking his neighbours but they won’t do that either.
Any bright ideas??

[derekpara]

Isn't this visit part of the agent's contractual duty ?

[Old_Geezer]

No expert but I'd have thought, yes. You give reasonable advanced info on when you will come and inspect, then go do it. Otherwise are you supposed to let it stay empty for ever ? Makes no sense.

[douglas9401]

I'd let myself in if I had a key.

Watch out for booby traps though, you never know with the disgruntled. Maybe watch Platoon and Home Alone before venturing inside, just to get some tips on what might lie in wait.

[Smowball]

This is what I don’t get! I said put note thru door, leave answerphone message..... what if it had been an emergency repair for example! I’m seething.

[Smowball]

Omg Douglas!

[gulliver1]

Call police , say tenant has not been seen by neigbours for a few days and there is a funny smell coming from the House , Hey Presto!,

[pixie374]

//According to Section 11, from The Landlord and Tenant Act 1985, your landlord needs to give you at least 24 hour notice before they come around and visit for any reason. Their visits must occur in reasonable times of the day.//

It seems you can give 24 notice and then go round. There is nothing saying the tenant has to agree.

[Rockrose]

We’re you not given the same advice last time you asked how to gain access.

[Smowball]

I couldn’t find it RR and the situation has escalated to stupidity this week with the agent even claiming I haven’t served section 21, and then remembering I had.

I like Gullivers idea!!

[Zacs-Master]

https://www.theanswerbank.co.uk/Law/Question1649989.html

https://www.theanswerbank.co.uk/Law/Question1649152.html

https://www.theanswerbank.co.uk/ChatterBank/Question1643036.html

https://www.theanswerbank.co.uk/Law/Question1626220.html

https://www.theanswerbank.co.uk/Law/Question1663550.html

[Smowball]

Explains why I’m having tests for memory loss lol. Anyway think you made your point - even tho must have taken you ages copying and pasting.

Gulliver - I’m liking your idea. I’ll blame it on his neighbours!!

[Zacs-Master]

There's only 5 minutes between you saying you couldn't find it and me posting your many links. So no, not ages.

I did it by typing 'smowball tenant' into the search box, if you ever want to use it again.

[Peter Pedant]

// Isn't this visit part of the agent's contractual duty ?//

not really helpful

go around and snoop - you have reason because he aint answering and youre allowed to inquire

stuff a note thro the box saying that you are not sure he is in - can he contract you or else you are going to let yourself in - to check the house is secure and for safety purposes.

if it is still furnished then he hasnt gone

this by the way - since you cant serve papers on him, is an abandonment procedure and are a real pain to do
and you can expect the teenager at the estate agents to say
"foo you allowed to do dat?" and uvverwise not lift a finger...

anyway - you may get possession - most important
also expect the damned tenant to pop his head in and say
I havent left you know
to which you say - it is obvious that you had....

erm and practically speaking - this is what you do

[Peter Pedant]

I thought this was a case of deja-lu !
you have had all the advice Smow
no go and do it !

[woofgang]

pp if it looks like tenant has left, can smow change the locks on that visit?

[Peter Pedant]

to a certain extent
it is time to stop liking far fetched ideas - ( 'pour radioactive cobalt foo de door and then ring the services and say there is an unearthly glow coming from the house!')
and go round and knock him up.

[Peter Pedant]

hi woof
no
notice on the door and wait two weeks
OR change the locks and notice on the door saying that the keys are to be had at no .... ( HER address no one elses)

at THIS point one of my tenants turned up ....
but that of course is another story ( as now you have to evict - but at least you have got him)

[Smowball]

ZM - I was really taking the Mickey out of myself lol.
PP all good advice - shame he lives so far away!!

[AuntPollyGrey]

How have you sold the house if he doesn't let anyone in? Rarely does anyone, even an investor, buy property without first having someone inspect it. No one in their right mind would buy a property with a difficult Tenant and you would have had to declare all this before Exchange. As for access, send him a letter recorded delivery explaining you are coming to inspect the property on a given date. If he doesn't respond he has either left the premises or you have given him notice. This is all moot however, as a 'visit' is certainly NOT an Eviction and you can only do this through the correct procedures which unfortunately means going to court and probably a Bailiff Service.