I need some advice please

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    I need some advice please

    Hi everyone,

    So the case is the following. We had a tenant the last 2 years, and finally we managed to get him out of the flat on Monday. The flat is totally destroyed and there are tons of rubbish inside. When he took the flat it was after main renovation and everything was new inside. Yesterday, I received a quote for £4000, just to be removed the rubbish. So, his parents are now offering to clean the flat because he can't pay and he has 5 rents due. Do you think it is a good idea to allow his parents to clean all the rubbish. My concerns are - first they still want their son to live in the flat, so if they have access to the flat they may put him back. Second, the flat is on 2 levels so I am thinking what will happen if someone fell down and hurt himself while cleaning. Can they sue me for that? I really don't know what to do now so any advice will be helpful. Thank you!

    #2
    How did you get him "out of the flat?
    Was it repossessed by bailiffs or did he give notice and leave?
    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).

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      #3
      We gave him notice a month ago. On Monday he took his 5 cats, gave me the key and left. According to his parents we have removed him from the property improperly because he hasn't received court order

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        #4
        Its not improper because he has in effect offered a surrender of the tenancy which you have accepted. However, you may need to be able to prove that this was the case. Was there a witness? Are there any text messages or emails between you prior to him leaving? If not then you may well have to let him back in until you get the court order

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          #5
          That does leave you on dodgy ground.

          If the tenancy was periodic, you would have to give the tenant a minimum of two month's notice for it to be valid. That notice wouldn't end the tenancy and would have to have been enforced with a court order.

          If the tenant has offered to surrender the tenancy (which handing over the keys is indicative of) and you have accepted that offer, that would also end the tenancy. But that would depend on exactly what was said and done. The state of the property, which seems to contain all his possessions (less cats), does somewhat argue against your case.

          I'd suspect that the son is either an addict of some kind or mentally ill. Either of those make the offer to surrender suspect.

          However, it suits you that the property has been surrendered and the tenancy is over. If you are confident that there has been an offer to surrender and you have accepted it, I would change the locks as quickly as you can.

          If you are in communication with the parents, make this point. The tenant offered to surrender the tenancy and that offer has been accepted.

          I would decline the parents offer to clean the rubbish, but I would allow them to collect whatever they want from you or to retain a house clearing service of their own to empty the property supervised by you. Make it clear that you are not prepared for them or their son to enter the property at all for any reason and if that happens, he or they will be removed as a trespasser using reasonable force and the police.

          Or simply pay the quote for removal - but the tenant must be given the opportunity to collect anything they want before their property is finally disposed of. If it's all worthless, that becomes less of an issue, as they can't ask for compensation for you getting rid of something that has no value.

          I would suggest that you engage some proper legal expertise, as your situation is a bit complex.
          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


            #6
            I have a witness and also a video of how my husband is giving him the notice to leave and he is accepting it. There is also a witness that he took his 5 cats and gave the keys.

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              #7
              What notice? S21 or s8? No such notice ends a tenancy nor requires them to leave

              Next time get a deed of surrender signed.

              You are exposed on illegall eviction, a criminal offence landlords can and have gone to jail.
              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...

              Comment


                #8
                Originally posted by irena View Post
                I have a witness and also a video of how my husband is giving him the notice to leave and he is accepting it
                The problem with that is that the notice isn't and can't be valid - so you have proof of the tenant being served a piece of meaningless paper.
                There is also a witness that he took his 5 cats and gave the keys.
                To whom did he give the keys and what did he say when he did that?
                Would a court infer that he was leaving and wanted the tenancy to end?


                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


                  #9
                  jpkeates,

                  Thanks. I have already changed the locks just in case he tries to force the door. I have offered them to collect anything of value but have mentioned that i don't want them to enter my property. I have a meeting tomorrow with my solicitor.

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                    #10
                    He gave the keys to my husband and took his cats & the cat's cage. My husband asked him if he needed to collect anything and he refused. He promised to pay the rents by this Friday and apologised for the mess.

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                      #11
                      Just crack on with builders bags and take to the tip IIWY. Surely won't take more than a day or two, and will be cheaper than £4000. (You know tenant is unlikely to reimburse, so no point in paying that.)

                      Comment


                        #12
                        Originally posted by irena View Post
                        I have already changed the locks just in case he tries to force the door. I have offered them to collect anything of value but have mentioned that i don't want them to enter my property. I have a meeting tomorrow with my solicitor.
                        Sounds like you have this well in hand.
                        Good luck.

                        Remember that the ex-tenant's parents have no stake in this, and you aren't obliged to discuss issues with them.
                        Although, they're the most likely source of money for the tenant's debt.
                        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

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