Hi,
We have a rented house & the tenant has fallen behind in rent by 1.5 months at this stage. They are foreign (hold up, relevance below) & the guys work in the construction industry.
My last correspondance was over a week ago via text where she promised they would sort out the rent in the next day or two. Since then, I have heard nothing. I have called to the house several times and never anyone there (there used to be almost always someone there as there is a baby in the house). I decided yesterdayu to serve them notice & again nobody there. I've noticed in the last few days that the curtains & blinds seem to be in the same position. Called again today & post not collected from yesterday. There is no answer to my texts or calls (she always got back to me same day).
I worried they have gone back home to their own country or to somewhere else there is work. I would obviously prefer to get the property back on the market if this is the case & write off the rent due. I don't want to have to sit back for the next 42 days with a vacant property, so hence my question.....is there a way to legally enter the property?
Could I send a text and leave a letter to say I need to admit myself to the property at a certain time & day. I don't want to risk affecting the legal notice period. I can't even see in the window as the blind is down.
OH called down this evening & had a look at the back....notice a window wide open so had a look in the window. Place cleared out !!
Decided to let ourselves in (well, it might have been a break in) & they are definately gone....nothing in the wardrobes, beds stripped etc.
Anyone know where I stand....am I legally allowed go ahead & clear out the place, change the locks etc? Don't want to call the PRTB as they tend to be so coy, they'd probably tell me I have to wait for the full 42 days to laspe before I do anything !!!
Sections 37 and 194 - Deemed Termination of Tenancies
The following is a general note for guidance only and individual circumstances of particular cases may vary.
If the tenant serves notice of intention to terminate that is not the required amount in the required manner and moves out at a time when the rent has run out, the tenancy is deemed terminated. If the tenant does not serve any notice of intention to terminate but moves out, then, at a time when the rent is 28 days in arrears, the tenancy is deemed terminated. In these circumstances the landlord is entitled to recover possession of the dwelling even if the tenant has left some belongings behind. .
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