Tenant vacated, owe rent? Regain access?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • theartfullodger
    replied
    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?

    Leave a comment:


  • SpringGreen
    replied
    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?

    Leave a comment:


  • theartfullodger
    replied
    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.

    Leave a comment:


  • SpringGreen
    replied

    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.

    Leave a comment:


  • DPT57
    replied
    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

    Leave a comment:


  • DPT57
    replied
    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.
    If he does this, then he won't be able to claim abandonment and take possession of the property.

    Leave a comment:


  • Berlingogirl
    replied
    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.

    Leave a comment:


  • SpringGreen
    replied
    Hi DPT57. Appreciate your replies, Tenant had not been serve any notice. I wanted to find out how I can regain access lawfully first, then ask for rental arrears and costs for repairs. For some reason I thought I need to serve some type of notice before I can use the MCOL.. Can I go straight to MCOL to claim rental arrears?

    Leave a comment:


  • DPT57
    replied
    If you intend to claim that the tenant has "surrendered the property by operation of law", then you must not do anything to contradict that position, so definitely no s21 or other notice. Having read your further post, I think you are going to need help with this, so if I were you I would ask for help from a housing solicitor.

    You can use MCOL to sue the tenant for your losses.

    Leave a comment:


  • SpringGreen
    replied
    The meter readings have not change. Will the letter from the Council Tax department help by showing Tenant had moved out?
    There are also damages to the Property, how can these be claimed along with the rental arrears? Does a Section 21 needs to be served?

    Leave a comment:


  • SpringGreen
    replied
    1 – OK
    2 – OK – the council seems to go by what the Tenant says, eg they have sent me a letter to give me notice and they have a tracking no but TT was not able to provide either to the Council. However, I have to proof to Council the Tenant is still in occupation ! (what can be use as evidence?) as their Neighbors prefer not to get involve.
    3 –Great, if I can ask Tenant for rent arrears, repairs / damages. What I meant by ‘how’ is that, what is the process what I need to do to claim rent arrears? Eg Do I need to serve Section 21 and wait till Court order ? before I can I start the claim or can I start claim now? Is this through Small Claims Court. Once again, as the Tenant have not provided a forwarding address.

    ‘The tenant owes rent until the end of the tenancy, whenever that happens.’ Regarding when the end of tenancy is. The Tenant claims they have moved out in November and claims they have notified me verbally their vacating date, the Council seems to agree with this (see above), however, I only regain access this month, can rental arrears be claimed to this date?

    Leave a comment:


  • SpringGreen
    replied
    Originally posted by blinko View Post
    Also if you can check with utility company as well to see if they hVe closed their account
    The Tenant have changed utility companies without notifying me – I wonder how I can check?

    Leave a comment:


  • SpringGreen
    replied
    Originally posted by theartfullodger View Post
    What was the expiration date if tenant's notice please?
    I don’t understand your questions but here are some more information.
    The Tenant have verbally told me on numerous occasion over their 3 + years tenancy that they are going to move out and each time I have asked for written letter but never have received any and they have remained at the Property. After contacting the Council, last month, the Tenant had sent a letter to say that they have moved out three months ago and back dated the letter. I wanted to know is this legal, if so, does that mean no rent owed? And I am liable for all the bills
    I was going to serve the Section 21 Notice but I think it takes at least 6 months notice and then go through the Courts. As the Property is vacant, can I take possession? How and what do I need to do to notify the Tenant I have taken possession as I do not have a forwarding address for them?

    Leave a comment:


  • SpringGreen
    replied
    DPT57,

    - The property was visited earlier this month and it is vacant, I will go back to do as per your suggestion.
    - No forwarding address for Tenant but the Council seem to have one. How a forwarding address can be obtained as they have changed jobs but declined to provide their new employers address.

    Leave a comment:


  • MdeB
    replied
    Originally posted by SpringGreen View Post
    I am interested to find out whether tenant owe rent from the last rent payment to the day they give notice?
    The tenant is liable to pay rent until the tenancy ends.
    That would be some time after the tenant gives notice.

    Has the tenant given notice?

    Originally posted by SpringGreen View Post
    2. Am I liable to all the utility bills
    The tenant is responsible for the utility bills until the tenancy ends

    Originally posted by SpringGreen View Post
    and council tax
    That depends on your tenancy agreement and the tenancy:
    1. If the agreement was for a fixed term, then the tenant is liable until the fixed term ends.
    2. If the tenancy has become a Statutory Periodic Tenancy, then the tenant is liable whilst they live there; landlord becomes liable if tenant leaves to live elsewhere (your agreement should allow you to reclaim this from the tenant).
    3. If the agreement was for an initial period and continuing (typically monthly) thereafter, then the tenant is liable until the tenancy ends.

    Leave a comment:

Latest Activity

Collapse

Working...
X