Abandonment

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    #16
    That was very nice of him !

    If you accept surrender then that makes no difference to the council tax liability, other than it provides an agreed end date. Due to the nature of his tenancy (when compared to council tax legislation) the tenant remains liable until the end of the tenancy (or the property is re-occupied).
    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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      #17
      So I can accept surrender now, advertise for a new tenant and still pass a copy of his tenancy agreement to the council so removing me from council tax liability until January when the 12 month AST or a new tenant is found, whichever is the sooner ?

      Comment


        #18
        The tenancy ends when it is surrendered. If you accept surrender now then the tenancy ends now, and you become liable for council tax now.

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          #19
          Ok thanks, in that case I shall ask for the keys for showing people around but avoid an official surrender letter. I will wait until the final council tax reminder before giving them details of the AST as he is the type who will not know I am able to pass this bill to him but will likely ask for the keys back once he gets the bill, at which time I will offer surrender.

          Comment


            #20
            You are still obsessing about ghe CT when your focus should be on recovering possession. Do you realise that if he leaves without formally acknowledging the fact you will probably have to serve a s21 notice and go to court to get it back safely. This could mean 6 months of lost rent and little prospect of recovering costs from a tenant with no money! Which is the greater sum?

            Comment


              #21
              I went round tonight to the house and he was emptying stuff out, bizzarly, he was talking to me like I am his mate. I got him to sign the following letter which he did not bother reading.

              I (tenant name) intend to leave the property on (date). Once I have vacated the property I agree to grant access to the landlord (my name) and anyone he should appoint in order to carry out any works to prepare the above mentioned property for marketing.

              I agree that should the property be sucessfuly rented before the end date of my tenancy 11th January 2018, any liability towards the property shall end on the date of a new tenant moving into the property.

              Comment


                #22
                I fear your letter, his signature + your acceptance may be considered a valid surrender, though equivocal. It may be a defence to 'illegal eviction', but I would not attempt repossession until after his stated departure date, which is...?
                I take it the letter was your attempt to write a valid T surrender?
                What LL training have you undertaken?
                If in a hole, stop digging.
                T has not abandoned the Property if still in occupation.

                Comment


                  #23
                  Originally posted by mariner View Post
                  I take it the letter was your attempt to write a valid T surrender?
                  It's OP's attempt to be able to repossess / readvertise the property without being liable at 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.

                  Comment


                    #24
                    Originally posted by KTC View Post

                    It's OP's attempt to be able to repossess / readvertise the property without being liable at council tax.
                    That's correct, he said he will leave the keys with the estate agent I used to advertise the property when he first rented from me.

                    Comment


                      #25
                      There is no need to repossess to advertise.

                      It's perfectly possible to advertise and conduct viewings while treating the tenancy as continuing.

                      Comment


                        #26
                        Originally posted by jjlandlord View Post
                        There is no need to repossess to advertise.

                        It's perfectly possible to advertise and conduct viewings while treating the tenancy as continuing.
                        That's right as I understand it and why I have not agreed to termination, to be honest I don't think he has fully grasped what I got him to sign, I had also Hand delivered a letter when he was still hiding, explaining how he was fully liable. I am pretty sure when he goes and tosses the keys into the estate agents hand he thinks that is the end of it for him. I intend to give the details of his tenancy to the council as late as possible as I think he will likely ask for the keys back once he realises he is on the hook for paying the council tax, at which point I will offer termination.

                        Comment


                          #27
                          Why the obsession with the council tax? A deed of surrender should be a bullet proof agreement not a mishmash of surrender yet not surrender for the purpose of CT liability. It could be pulled apart quite easy for a defence of illegal eviction, and at that point the council tax will seem like small change.

                          get your property let ASAP, pay the CT bill which should be fairly low and move on. I think you have got off lightly with the tenant moving of his own free will. Most of them know the game and dig their heels in.

                          Comment


                            #28
                            Originally posted by buttons View Post
                            I intend to give the details of his tenancy to the council as late as possible as I think he will likely ask for the keys back once he realises he is on the hook for paying the council tax, at which point I will offer termination.
                            And what if he just dissapears and ignores your offer of termination?

                            Comment


                              #29
                              Why are you so desperate to see the CT bill paid? You had a golden opportunity to get him to surrender the tenancy and allow you to rent it out with very little loss to you. If he decided to piss about until January and not pay a bean you'd be in a lot more mess than paying the CT for a month!

                              Comment

                              Latest Activity

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                              • Reply to Lodgers left without notice
                                by Stew
                                Try and look at this with a positive angle, at least they have left the house allowing you to re-let it when you can. They are not sat in situ and refusing to pay rent which would be far worse.

                                I was always told by another landlord there is no point chasing people that leave and don't pay...
                                03-04-2020, 17:31 PM
                              • Lodgers left without notice
                                by hoolaholla
                                I have 2 student lodgers, I am not at the property at the moment and their rent day recently passed and neither paid rent. When I enquired it transpires they have both vacated the property and are refusing to pay any further rent, their tenancy does not officially end until July. I have a 1 month deposit...
                                03-04-2020, 16:52 PM
                              • Reply to Lodgers left without notice
                                by hoolaholla
                                That isn't terribly helpful advice. I am enquiring as to my legal position and not your personal and moral opinion....
                                03-04-2020, 17:29 PM
                              • Reply to Lodgers left without notice
                                by hamilton
                                It sounds to me that you are financially over-extended, if you do not have the money in the bank to cover such eventualities. I suggest you sell up, and readjust your expectation of what life owes you.
                                03-04-2020, 17:24 PM
                              • Reply to Lodgers left without notice
                                by hoolaholla
                                I am confused by your response, are you suggesting that demanding another 4 months rent as per our agreement is the wrong thing to do? Why is it wrong if this was our agreement?
                                EDIT: This was in reply to Hamilton who deleted his reply....
                                03-04-2020, 17:23 PM
                              • Reply to Lodgers left without notice
                                by hoolaholla
                                I was living there, but I have returned to the family home due to coronavirus. The house is now unoccupied, its alright for them to deny their responsibilities but I have a mortgage and without such a luxury. It is so unfair.
                                03-04-2020, 17:12 PM
                              • Reply to COVID-19: Court hearing section 8 vacated
                                by Stew
                                Given that not much can be done court wise re eviction this tenant's issues clearly had nothing to do with Covid could the landlord at least raise a money claims via the online service?

                                Assuming that the tenant does not have a valid concern with you as a landlord and the eviction would...
                                03-04-2020, 17:10 PM
                              • COVID-19: Court hearing section 8 vacated
                                by syrbag
                                A court hearing planned for 23 March for rent arrears vacated, tenant 5 months without paying rent, rent paid 2 months in advance. tenant not picking calls and not taking advantage of the COVID-19 situation. anyone in a similar situation and what is the best way to proceed?


                                'This...
                                03-04-2020, 10:56 AM
                              • Reply to Lodgers left without notice
                                by jpkeates
                                I don't know if you have a legally binding agreement or not.

                                If they signed a contract saying they would stay there for a period, they may be in breach of that contract.
                                However, you would be entitled to compensation for any loss, which seems to be nil, it's very unlikely that the...
                                03-04-2020, 17:09 PM
                              • Reply to Lodgers left without notice
                                by hoolaholla
                                But where do I stand legally? Whatever the current crisis, we still have a legally binding agreement, no?
                                03-04-2020, 17:03 PM
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