Advice regarding end of tenancy and lack of action by estate agent

[Paul2412 10]

I have a property that I rent out, and the tenancy ended at the weekend. There has been no keys dropped off at the estate agents.

 

Meanwhile I got in contact with the concierge for the building who informed me that the tenants left months ago (despite paying until October 4), have left it in a state and that there is a leak in the bathroom that has caused the floor to sink.

 

The estate agents so far have been very poor (they are wanting to serve an abandonment notice, but have so far provided no updates) and I'm really concerned that the leak will eventually make its way to the apartment downstairs.

 

Does anyone know where I stand legally here? The tenancy has expired, I still have their bond, and apparently they vacated months ago.

 

The "exit" report has not been completed by the estate agent, and the lack of action on this is infuriating me (I've had countless problems with them in the past).

 

As well as venting, I'm just after some advice on whether I am allowed to enter the property given the information above.

 

Thanks!

[Cyclone 10]

Is there a legal reason you COULDN'T enter the flat?

 

If you believe the concierge that they've left, then they're not exactly going to make a complaint about you entering without notice... And given that you've tried to make contact and have been informed of a maintenance issue that needs addressing, you've got grounds to enter to inspect that situation anyway...

[Paul2412 10]

Is there a legal reason you COULDN'T enter the flat?

 

If you believe the concierge that they've left, then they're not exactly going to make a complaint about you entering without notice... And given that you've tried to make contact and have been informed of a maintenance issue that needs addressing, you've got grounds to enter to inspect that situation anyway...

 

I would assume you are correct, but the estate agent are saying that entering before they have done the exit inspection will jeapordise the checkout. I also don't know whether I can legally enter the property (I'm basing that they left based on hearsay, rather than concrete evidence).

[Danny_Boy 10]

Personally I'd go down to the estate agents and demand that they get the exit report done immediately or you'll be seaking compensation for any damage caused to the property whilst you're awaiting access.

 

I'm assuming you have paid the agent to manage this property on your behalf and it sounds like they need a kick up the backside!

[geared 318]

Is this property in Sheffield or in Australia??

 

If it was over here I'd just pop down late one evening, let yourself in and see whats causing the leak.

(assuming the place is actually empty)

[Cyclone 10]

I would assume you are correct, but the estate agent are saying that entering before they have done the exit inspection will jeapordise the checkout. I also don't know whether I can legally enter the property (I'm basing that they left based on hearsay, rather than concrete evidence).

 

The agents (who it doesn't sound like are doing a good job) work for you. Remind them off that, and insist that they do the exit checkout (ie a quick look around with a checklist) immediately.

Once that's done, sack them and employ someone better.

 

The checkout is only required for purposes of justification if you retain part of the deposit, but if they've left it in a state then it will be easy to justify keeping the entire deposit.

 

Also, there's no reason you personally can't do the checkout, there's nothing special about the agents legally, they're just people you employ to do some stuff for you.

 

The right to enter would be the stickiest bit. But since you can't contact them and the tenancy has ended (and you've been told that they left months ago), if you go and knock, get no answer, open the door and it appears that they have left, then there won't be an issue.

If they answer then that's different. Or if you open the door and it still appears to be occupied, then again, different...

 

If they really aren't there, then nobody is going to make a complaint about you entering...

[Jeffrey Shaw 90]

Suppose that T is a 'professional', i.e. someone who knows the law's foibles and seeks to do-over L.

L should not re-enter unless and until the Letting Agreement is ended. Can you prove that it has been?

[Cyclone 10]

How could you ever prove that it has been ended if T is uncontactable?

Is reaching the end of the tenancy period without forming any agreement for a continuing contract not proof of the end of the letting agreement?

[Jeffrey Shaw 90]

How could you ever prove that it has been ended if T is uncontactable?

Is reaching the end of the tenancy period without forming any agreement for a continuing contract not proof of the end of the letting agreement?

Yes, it can be- but it's not conclusive.

[TJC1 10]

I have a property that I rent out, and the tenancy ended at the weekend. There has been no keys dropped off at the estate agents.

 

Meanwhile I got in contact with the concierge for the building who informed me that the tenants left months ago (despite paying until October 4), have left it in a state and that there is a leak in the bathroom that has caused the floor to sink.

 

The estate agents so far have been very poor (they are wanting to serve an abandonment notice, but have so far provided no updates) and I'm really concerned that the leak will eventually make its way to the apartment downstairs.

 

Does anyone know where I stand legally here? The tenancy has expired, I still have their bond, and apparently they vacated months ago.

 

The "exit" report has not been completed by the estate agent, and the lack of action on this is infuriating me (I've had countless problems with them in the past).

 

As well as venting, I'm just after some advice on whether I am allowed to enter the property given the information above.

 

Thanks!

 

They've vacated the property. I think legally you need to give them 24 hours notice (if they were in the property).

 

Sorry this has happened. Get in there and sort it out. I know a decent emergency plumber if you need one.

[Ghostrider 11]

If the property is empty, get in there, fix the leak, change the locks....then sack the letting company (assuming they dont owe you money)