Tenant vacated, owe rent? Regain access?

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    #16
    Originally posted by SpringGreen View Post
    Can I go straight to MCOL to claim rental arrears?
    You can use MCOL at any point, even during the tenancy if you want, although that's rarely advised because you don't know the full extent of the debt at that point.

    You need to decide whether you believe your tenant has abandoned the property and whether you now intend to re-take possession. That's your first step. If you're not sure, seek more advice on the matter from a lawyer or the NRLA

    Comment


      #17

      That's helpful to know.
      I will retake possession and I understand I don’t need to serve any notice.
      If I pay the council tax does that prove or will it prove the Tenant had moved out and can claim they owe rent, damages, etc? and go straight to MCOL as I am concern I don’t have an address for the Tenant.

      Comment


        #18
        Originally posted by SpringGreen View Post
        That's helpful to know.
        I will retake possession and I understand I don’t need to serve any notice.
        ....
        Ultimately it's down to court if tenant/council/police sues for illegal eviction (unlikely but possibly fines and criminal record). Thought you might want to know.
        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


          #19
          Good point. If there is evidence the Tenant had given backdate notice and the property is empty. can the landlord retake possession? If not, how to regain possession?

          Comment


            #20
            You may retake possession by implied surrender (actions of tenant and landlord imply it's happened). But other than landlord notice, court, court order , Bailiffs (might be 18 months) no guaranteed end of tenancy.

            Tenant saying they are leaving/have left not same as tenant giving valid notice to quit.

            Me, I'd risk taking possession in your circumstances. Can you (reputation, ££££) afford to take the risk?
            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


              #21
              '‘retake possession by implied surrender, apparently the Tenant claimed that had sent letters to say that they have moved out three months ago and back dated the letter to one month before their moved out date...(hence, the Council has passed the council bill to the Landlord) the actual letter did not have their address or the Landlord’s address just the property address. Is this a valid notice? How does the Tenant ‘notice to vacate’ needs to be written? Does it have to be a set format like when Landlord serves a Section 21 Notice?

              If the Tenant is not being pursuse for rent arrears/ damages or anything else then the property can be repossessed? or can the Tenant can pursue for illegal eviction ?

              Comment


                #22
                Originally posted by Berlingogirl View Post
                I'd tell the council they were still living there so they're liable for the council tax and that they have clearly had two tenancies running.
                What would you hope to achieve by that?
                And why can someone not have two tenancies running?

                Comment


                  #23
                  SpringGreen, I think you're struggling to understand the implications of what is being said to you. In the short term, I suggest you get some legal advice on this situation and in the longer term, perhaps some more landlord training from an organisation like the NRLA.

                  Comment


                    #24
                    Options : NRLA - Deed of surrender and a qualified solicitor - 'Notice to Quit' and to tell NRLA a solictior had said this option. NRLA confirmed their option of Deed of Surrender, as it is AST hence, Notice to Quit, cannot be used.. Welcome your thoughts

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                      #25
                      Update: Deed of Surredner signed by all parties with a Witness. There is a dispute with the deposit and it seems many cases are won by the Tenant, is it worth claming damages from the Deposit or claim rent arrears which has a 'higher chance of success'? as I was thinking to try and claim damages via the Deposit Scheme and MCOL for rent arrears?

                      Comment


                        #26
                        Rent arrears are almost impossible to dispute, rent is either owed or it isn't.
                        Any claim for rent therefore is usually met with a counterclaim for something else, like disrepair (or not defended and ignored).

                        Damage claims are (as far as I can tell) "won" by the tenant because the landlord claims more (often far more) than they're entitled to and the adjudicator reduces the claim to what the landlord is entitled to.
                        Get the claim right and either the tenant sees that it's fair and agrees or the adjudicator awards the requested amount.
                        Many other landlords agree with you.

                        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


                          #27
                          pkeates - appreicate your post. Damages are: hole in ceiling, mould and windows, etc. As the deposit will only cover one damaged item. claiming rent arrears may have a higher chance of sucess? , Will a signed Deed of Surrender help my cliam of 6 months rent)? weighing up the costs as there is fee to pay via the MCOL? and also need to provide evidence...

                          Comment


                            #28
                            Rent is simple, you can create a schedule going back to the start of the tenancy showing all of the rent owed and all of the money received.
                            The difference is the rent owed.
                            The tenant can argue that you're missing payments and can try and prove they're right and you're wrong.

                            There's no right in English law to offset one debt over another, so the tenants can't claim that they withheld rent because of "x".
                            They can only make a counterclaim on the basis that even if they owe you rent, you owe them for something else, which they'd also have to prove.

                            That kind of dispute won't be settled by the deposit company ADR, they'll advise the tenant to sue you for their disrepair and hold onto the deposit while you resolve it in court.
                            So there's an obvious incentive to use the court to recover the rent - the fee can be automatically added to your claim if you use the online process or it's a checkbox on the paper forms (if I remember correctly).

                            The damages are more open to adjudication, and the best policy is to make sensible claims and show the basis of the claim.
                            You're claiming for a loss that wasn't an intrinsic part of the tenancy agreement and it has to kept to the minimum possible, there can't be any gain in it for you, just setting right the loss.

                            So show how you arrived at your figures - mould is the cost of rectification of the mould. If you're claiming for redecoration, base your costs on the original cost of decoration and deduct any lifetime you've "enjoyed" already.
                            The hole repair should be adjusted in the same way.

                            You want any dispute by the tenant or the adjudicator to be on the calculation of the loss, not on the principle.
                            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


                              #29
                              Originally posted by SpringGreen View Post
                              Update: Deed of Surredner signed by all parties with a Witness. There is a dispute with the deposit and it seems many cases are won by the Tenant, is it worth claming damages from the Deposit or claim rent arrears which has a 'higher chance of success'? as I was thinking to try and claim damages via the Deposit Scheme and MCOL for rent arrears?
                              So what does the deed of surrender say about any rent arrears and about deposit?? Sadly I can't read it from here....

                              'umbly suggest you do some training in how to be a landlord: I speak as someone who started, thought he knew what he was doing, idiotic, painful, expensive, long-drawn out mistakes: Oh my stupidity!: Oh the Hubris!

                              Resolved to start learning: Still learning: Still making mistakes.
                              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


                                #30
                                Theartfulldodger, the D o S was from the NRLA I am not sure whether you are familiar with it? NRLA advised that
                                the Tenancy ends on the date it has been signed.

                                Comment

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