Tenant gone can i enter the house

F

Finlandia

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I have a tenant who has only been in the house since the end of october, he paid the deposit and one month in advanced as per the agreement, he made one more payment at the end of november and has not paid since, he is now three weeks overdue, we have rang and text he answered initially and is now ignoring our texts and calls.

We called to the house this evening and looked in the window it looks like there is no one living there, legally can i enter the house ? he has broken the terms of the lease by not paying, any advice would be great thanks im really concerned about leaving the house unoccuppied. (
 
Hi Finlandia
You run the risk of trespass if the tenant is in fact still living at the address. He could be ill or on holidays. Why not post a note through the letterbox asking him to contact you urgently as you need to verify that the house is still occupied and that you will need to enter the property to make it secure if you do not hear from him within 48 hours. If you do not get a reply in 48 hours drop into the local police station and ask if they could assist you...advise you. The last thing you want is to enter the house without an independent witness. You could end up being accused of theft.
 
Hi Ann1

I was considering texting again in the morning saying that because i have not heard and have had no contact i am to presume you have left and that if i dont hear by the close of business i will be entering the house to check (by looking in the window the tv is gone thats one reason i believe there is no one there, i dont want to leave the house idle
 
If it was me i would enter the house. He could be dead in side. You are only concerned about your tenant. Oh and its your house. . .
 
I want to do things right and not break the law by entering but i dont want the house with no one in it, im concerned about the house and the mortgage that has to be paid, he was seen leaving on for work on monday and hasnt been back since i have tried everything to contact him but he is avoiding my calls, texts and the estates agents calls and emails.

Im really looking for advice where i can legally enter the house
 
if i cant enter and he has left how can i check the house and get another tenant in to pay the rent
 
Finlandia said:
if i cant enter and he has left how can i check the house and get another tenant in to pay the rent
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The landlord may terminate with 28 days notice where the tenant is in default. If the default is non-payment of rent, the landlord must notify the tenant in writing that the rent is owing and give them 14 days to pay the rent prior to serving 28 days notice to quit.
 
Finlandia said:
so even if he has left and done a runner are you saying i still cant enter the house
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If you are sure he has done a runner ...you have every right to enter your own house. If he is just avoiding you and not returning your calls and is in breach of the lease for non payment of rent you also have the option of terminating his lease.
 
You have to give him 14 days to pay and then 28 days after that to get out, only then can you enter. I suggest you attach the notices to the door of the house and take pictures.

If you are 100% sure he is gone for good by all means go in. I would be treading very carefully.
 
You seem to be a landlord with no actual knowledge of your rights and limitations re entering the property that you have rented out. You need to take legal advice.
 
Agreed in spades.

Put a foot wrong and you will be the one paying him compensation.
 
if the tv etc is gone and there is no visible sign from looking in the window can i presume he is gone and then enter, if his is gone which i think he is cause he hasnt got the rent i dont need to send a 14 day letter and can get someone else in asap
 
Finlandia said:
if the tv etc is gone and there is no visible sign from looking in the window can i presume he is gone and then enter, if his is gone which i think he is cause he hasnt got the rent i dont need to send a 14 day letter and can get someone else in asap
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I would find it unusual that someone would do a runner owing 3 weeks rent and leave a deposit behind. What has the PRTB or the estate agent advised you to do.
 
hi ann1 he never paid the rent which was due at the end of dec and asked if we could use the deposit to cover it which we said no as it was a security if anything in the house went wrong but we had to use it to cover the mortgage so effectively he hasnt paid since the end of november if you take the deposit out of the equation
 
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