Tenants maybe be leaving

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    Tenants maybe be leaving

    Hello all,

    I'm still waiting to hear back from the court after sending notice for posession following the 14 day defence expiry which was a fortnight ago.

    I've heard through neighbhours that the tenants are leaving this Wednesday but i've not had any contact from them. At what point can i actually take back posession of my property as no date for eviction has come through.

    I'm dealing with a very crafty tenant so that last thing I want to do is to be accused of illegal eviction and alike.

    if property completely empty, can i assume it will be safe for me to change the locks?



    #2
    The tenancy is ended by surrender or repossession by bailiffs.
    Until either of those things happen, there's an element of risk to taking back possession.

    If they abandon the property and you repossess and change the locks, they can accuse you of illegal eviction.
    They'd probably not win - but it's a possibility.

    If they don't move all their possessions out, it's even less certain.

    So it's a question of judgement as much as anything.
    The tenant is also liable for rent until the tenancy ends, which can sometimes be used to get them to make an offer to surrender (like returning the keys to someone).

    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      thanks for that JP.

      what if I go to the property tomorrow and I film the tenant handing over the keys to me..would this be counted as surrendering the property?

      Comment


        #4
        If they hand the keys over and you accept them on the basis that ends the tenancy, that's a valid surrender.
        Filing it simply makes it easier to prove.
        Same as taking a witness.

        If the tenant doesn't want to be filmed, just accept the keys back and confirm that that means the tenancy has now ended.

        In an ideal world, you'd get a deed of surrender, but that isn't always possible.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Is my understanding correct that a deed or surrender would relinquish tenant of outstanding rent arrears?

          would a standard letter just stating that tenant has now ended tenancy be OK?

          Comment


            #6
            As you are dealing with a "crafty tenant", I would say that, unless you provide some consideration for the surrender, only a deed would be safe.

            From that point of view, I would suggest that you wouldn't need a deed if you waived the right to collect the outstanding rent, as they could form a contract that said, in consideration of your waiving all outstanding rents, they surrender the property.

            Comment


              #7
              waiving the right for the outstanding rent is just not an option..its just under 15k. even if i don't get a penny, i'm going to make sure that they all have CCjs.

              co-incidentally, i've just spoken to RLA who have said that a letter stating that the property has been surrendered without making any reference to rent arrears will do. However, if tenant does not sign this letter, then best to go through the bailiff route.

              Comment


                #8
                I'm not very good when it comes to any formal writing...is the following OK:

                Dear Joe Bloggs,

                You, Joe bloggs confirm that you and your family are today, 13/03/2018, handing back the property of Disney Land OX23 9LA to me the Landlord, Hannah Montana. You will not have any further rights as tenants as you will be surrendering the property from this day onward.


                to be signed by myself and the tenant.




                Comment


                  #9
                  That should do it.

                  They might want to add that no further rent is due after today.
                  They might not.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    I wonder if you should mention anything about stuff left behind not being wanted?

                    Comment


                      #11
                      Originally posted by bassmonster View Post
                      waiving the right for the outstanding rent is just not an option..its just under 15k. even if i don't get a penny, i'm going to make sure that they all have CCjs.
                      Too freaking right! Which begs the question, how on earth is this 'individual' managing to find another property given these rent arrears? Or any arrears, for that matter.

                      Have to say I was a bit shocked to read that a deed of surrender
                      essentially writes off any rent arrears. Hadn't realised this.

                      Best of luck with it all! Keep us posted.

                      Comment


                        #12
                        I think a deed of surrender does whatever is says. I don't believe it will write of the back rent unless it says that it does that, or otherwise implies it.

                        I actually suggested that you need a deed if you don't want to give anything in return, so, not writing off the debt, seems to me, to contra-indicate a simple letter.

                        However, given the conflicting views, and the amount at stake, please get professional advice.

                        Comment


                          #13
                          A deed of surrender doesn't write off anything you don't want it to.

                          Some do write off arrears, some don't.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            Originally posted by jpkeates View Post
                            A deed of surrender doesn't write off anything you don't want it to.

                            Some do write off arrears, some don't.
                            Excellent, thanks everyone for clearing that up. As I thought originally.


                            Comment


                              #15
                              YES YES YES....bar steward has finally left...i can't describe the sense of relief im feeling right now..
                              i want to say a big thank you for the very helpful advice i've always received here from everyone.

                              hoping to refurbish and let out again within 6 weeks........

                              Comment

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