Abandonment

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    Abandonment

    I have had a phone call from the tenants daughter, (didnt know she existed), telling me he is leaving in two weeks. I told her he has nearly 4 months left on his 12 month AST. I subsequently got two calls from a housing association. asking for a reference for him, I told them the situation but they simply said thats between him and me. I hand delivered a letter stating he is still liable for all bills etc until end of contract. Since the initial phone call from the daughter, all communication has been ignored and I am sure he will simply abandon the property.

    If he abandons what do I do ? I still want him to be liable for the council tax, he has nothing so no point in chasing for money but I would really resent paying council tax when it should be his bill until January. Also how do I get the property back, my intention is to simply leave a note inside asking to call me if not abandoned within 7days the simply enter and change the locks.

    #2
    That's not the way to do it and could land you on a lot of trouble for illegal eviction. The correct way to do it is to get a deed of surrender signed which terminates the agreement for both sides mutually, your method or this method do not solve the council tax issue and to add to this further the council will tell you it's your responsibility because Mr X Tenant is paying his council tax at his new property and as he's a tenant couldn't possibly pay for more than one council tax, you on the other hand...
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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      #3
      Its not possible to get a deed of surrender from someone who will no longer cooperate since sending a letter stating that they are liable for everything until the AST ends in January. If I managed to get one would that mitigate his liability to council tax ?

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        #4
        Would mitigate his liability to everything and you'd get the property back. Unless one is obtained or a possession order granted via court the property remains his, the rent is still liable by him.
        "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

        What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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          #5
          Either you recover the property, or the tenant is still the tenant with liability for rent & council tax (during fixed term of 6 months or more). You can't have it both ways of getting the property back but not liable for council tax.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

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            #6
            I thought you could have it so that property was marketed but he still had liability as he wont be able to pay anything as he is unemployed and would reduce his liability to council tax if let before the end of his tenancy.

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              #7
              In the eyes of the council as soon as he starts paying CT at his new property the liability will fall to you regardless of what else is happening.
              "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

              What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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                #8
                Originally posted by Wannadonnadoodah View Post
                In the eyes of the council as soon as he starts paying CT at his new property the liability will fall to you regardless of what else is happening.
                This I believe is incorrect, I do have experience of that part happening before and sent the council a copy of the AST and they cancelled my charge.

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                  #9
                  May only be tenants who have housing benefit paid then.
                  "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

                  What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

                  Comment


                    #10
                    If the tenant holds a material interest of 6 months or more (i.e. during the 12 months AST), then the tenant is liable for council tax whether they are resident or not. During a SPT, the liability revert to the landlord when the tenant is no longer resident.
                    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                    I do not answer questions through private messages which should be posted publicly on the forum.

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                      #11
                      So how to I get access to the house to market, hence hopefully reduce his loss , therefore in his benefit, if he has walked out, and also reduce my loss but not make me liable for what is his bill when he will no longer be having his housing benefit sent direct to me but his new landlord ?

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                        #12
                        Sue him for unpaid rent, clearly. It is always the tenant who is liable for rent regardless of get HB or salary or whatever.
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                          #13
                          I would go round there with a surrender document and a witness and get him to sign it. If you don't, it may take you months to get the property back.

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                            #14
                            Contact the council and advise them that the tenant still holds a tenancy, the tenancy was for 6 months or more and as it's still within the fixed term they therefore remains liable for the council tax charge , even if not resident. Point them to Leeds CC v Broadley if need be.
                            The case of Leeds City Council v Broadley was heard at the Court of Appeal. This case was to determine Council Tax liability on tenanted properties.
                            Previously served 10 years as a council tax advisor with a local authority but now self-employed with my own council tax consultancy.

                            If your local authority disagrees with any aspects of your council tax claim, as they are free to do so, a Valuation Tribunal appeal may be required.

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                              #15
                              Thanks ss002d6252, I will hopefully use this, I managed to contact him today using another phone, He ranted at me as to what a favour he has done me telling me that he is leaving as he could have just left. He is leaving on the 6th of October, I have arranged to meet him tomorrow, If I accept surrender will he still be liable for the tax or do I keep it informal and tell him to push the keys through the door on his way out, then hopefully still force him to pay the council tax. I know there is no point in me pursuing him for the rent.

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