Abandoned Goods / Property

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    Abandoned Goods / Property

    Abandoned Goods / Property

    Morning all, - Just looking for some advice. Tenant gave 1 month notice on 23/04. Keys have been dropped back to me and he has no access to the property now. He advised that they were all dropped back in error and he wanted to revisit to remove some large items and clean. To date he has said he will get the keys but did not turn up and no contact since despite me trying. He has paid rent to today and is due to pay 23 days tomorrow.

    We agreed I could do viewings as he is no longer there and on visiting found a fair bit of damage and the carpets needs cleaning along with the entire flat and items need removing –nothing personal – bed, chair, table etc and all poor/damaged condition.

    What is the best way to go about this as I assume he will not pay rent on 1st May for the 23 days he will owe. Should this happen would I be within my rights to request a deposit retention for the rent owed plus disposal costs of items plus clean and repair costs? He hasn’t abandoned the property as such but he has rescinded the tenancy by dropping all the keys back to me so can I take that officially that he no longer resides there and I can proceed? or do I need to wait until the 23rd?

    All opinions welcome. thank you

    #2
    Did you agree for the tenant to retract surrender of the property?

    Because in my view after the Tenant has surrendered the property, they cannot go back on it unless you agree.

    If you agreed then the tenancy technically goes on, and you are eligible to charge rent until they formally surrender again (and you accept the surrender).

    In my view you are within your rights to charge rents, but not for removal of goods from from the property.

    I would try to reach out the tenant and offer to move everything to storage with expense taken from tenant deposit.

    Comment


      #3
      They were supposed to stay there/pay until the end of the notice period. I was to look for a new tenant in the interim period and if I could find one to move in earlier than the 23rd May then we would do that to try and get them back some money (trying to help them and refund them a week for example if I got someone in a week earlier) but they have moved out totally, dropped all keys to me and not replying to any communication.

      I would say the rent is still due as within notice period and as they surrendered the keys to me they simple don't want to go back and have no way to remove items, clean or repair things so I should be able to claim off deposit but not 100% this is right.

      Comment


        #4
        You can't have it both ways.

        Either the tenancy is ongoing and you can't enter yourself without notice and can't let it and rent is due or they offered a surrender that you accepted and the tenancy has ended.

        You and the tenant can agree to something different, but neither of you can do anything unilaterally.

        From the sound of things, it's best for both of you if the tenancy is ongoing and the tenant comes back and clears up their possessions and fixes any issues if they want to.
        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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