Section 17 notice on tenant that has disappeared (no new address)

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  • jpkeates
    replied
    There is no reason for eviction recorded on a section 21 eviction and abandonment is not a valid ground on a section 8 notice.
    Nor is there any benefit in recording the existence of a tenant's property on either notice.

    The appropriate procedure for dealing with property remaining after a tenant has ceded possession is guided by legislation, and, despite it appearing to be common sense, the process can't be backdated because the tenant abandoned the property and, therefore, the goods some time ago.
    The goods in question come into the possession (and care) of the landlord when they take possession of the property, prior to that they are not in the landlord's control.

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  • August11
    replied
    When you file for eviction, and the reasoning for the eviction is when she will have in record reporting the tenant abandoning the property. Including the personal property the tenant may have inside. Making her in the full legal position to lease her property out once the courts file the rest of the motions, once he ignores to appeal.

    sorry for the long paragraph, I was using Siri on my phone. Thank you for the highly recommended, and correct suggestion.

    Leave a comment:


  • landlord-man
    replied
    Originally posted by sunshinelaw&ethics View Post
    your right, in this case nobody would. I was referring to if he wasn’t truly abandoned the property, and if she disposed his things during his tenancy that they will look at this as stealing, there’s always a slight chance in some cases, you could never be too sure on how things can back fire. She will avoid any of having to do that w/ his personal property left behind if she secures the fact he has already abandoned the property being the reason to evict. Kind of covering the bases in all areas w/ the one court order eviction of abandoned property. When she gains legal access to her propery back, she can immediately do what she needs to vs any procedures of handeling any personal property (waiting the 14 day mark after gaining her property back is usually when the inside personal property is considered “abandoned”, she won’t have to wait the 14 days for that consideration to be in effect in this case if she files all at once of all being abandoned. She can add on her reason to evict the month he hasn’t paid & get a hold of her property & dispose of anything left behind a lot quicker. & safer. I see we’re your comming from, sorry i didn’t explain in detail of what i meant. Rather be safe than sorry. (i’m not sure the whole situation, but it seems like they had a good thing going before he disappeared. Hopefully he’s not hurt in icu or something somewhere either? You never know.)
    paragraphs please !!!!!!

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  • boletus
    replied
    Originally posted by SunshineLaw&Ethics View Post
    I suggest you to 1) go through the court systems in reporting abandoned property
    There is no such process. The rest of your post makes little sense.

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  • August11
    replied
    Your right, in this case nobody would. I was referring to if he wasn’t truly abandoned the property, and if she disposed his things during his tenancy that they will look at this as stealing, there’s always a slight chance in some cases, you could never be too sure on how things can back fire. She will avoid any of having to do that w/ his personal property left behind if she secures the fact he has already abandoned the property being the reason to evict. Kind of covering the bases in all areas w/ the one court order eviction of abandoned property. When she gains legal access to her propery back, she can immediately do what SHE needs to vs any procedures of handeling any personal property (waiting the 14 day mark after gaining her property back is usually when the inside personal property is considered “abandoned”, she won’t have to wait the 14 days for that consideration to be in effect in this case if she files all at once of all being abandoned. She can add on her reason to evict the month he hasn’t paid & get a hold of her property & dispose of anything left behind a lot quicker. & safer. I see we’re your comming from, sorry I didn’t explain in detail of what I meant. Rather be safe than sorry. (I’m not sure the whole situation, but it seems like they had a good thing going before he disappeared. Hopefully he’s not hurt in icu or something somewhere either? You never know.)

    Leave a comment:


  • jpkeates
    replied
    Originally posted by SunshineLaw&Ethics View Post
    it’s always good to take the extra measures to handle things through the courts to evict/re-gain her rights w/ terminating his.
    No one could dispute that.

    In this case, it's pretty clear that the tenant has attempted to surrender the tenancy, and the legal process is probably unnecessary.
    But it would be the safest and legally correct process.
    It may also be impossible, of course, because the conditions to allow valid notice from the landlord may not be present.

    I was disputing your statement relating to "the steps of having to put his personals in storage legally with a detailed description inventory with a police officer present."
    Which is nonsense.
    No one has to do that.

    Leave a comment:


  • August11
    replied
    She says she doesn’t know where he went. Meaning he’s not at the home, yet still has a lease agreement active. With out a eviction due to abandoned property in the middle of his lease, she could be held liable fir his personal property & interrupting the lease agreement if he had genuine reason for his disappearance (jail, hospitalized, ??) to cover herself legally I suggest to go through the courts of the abandoned property, especially if there’s a possibility of him hiding from her & still residing there (vacation, hiding from rent payments, etc) it’s always good to take the extra measures to handle things through the courts to evict/re-gain her rights w/ terminating his.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by SunshineLaw&Ethics View Post
    The fact the property is already considered as abandoned property as the reason to evict May void out the steps of having to put his personals in storage legally with a detailed description inventory with a police officer present.
    What?
    Where does that weird idea come from - that's not at all necessary.

    Leave a comment:


  • August11
    replied
    I suggest you to 1) go through the court systems in reporting abandoned property to 2) re-take property possesion. They will 3) serve him; by his address there & his last known address legally with the eviction notice if the judge signs his eviction to be valid. Then he has 5 days to response to appeal this. After 30 days of this, the courts will order you the rights to gain access & your property Back. If he left personals behind, be sure to go through the legal steps to store them via court system steps & regulations of properly storing his items, unless the courts order otherwise. The fact the property is already considered as abandoned property as the reason to evict May void out the steps of having to put his personals in storage legally with a detailed description inventory with a police officer present. The fact it’s already deamed abandon means you may be legally authorized to dis-pose of his personals after the courts proceedings of eviction & gaining access and your property back. Then you know his tenancy had legally ended, giving you rights to start a new one as you wish.

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  • Codger
    replied
    Why was it not a periodic tenancy? I always now go six months term then periodic. I think people stay longer if you do not keep giving them new terms.

    Leave a comment:


  • jpkeates
    replied
    I'd accept the situation, accept the tenant's surrender and move on.

    I think you need to understand the landlord's role a little better if you are going to continue in the business.
    Section 17 doesn't sound like the route for recovering your money, and you'd be better off with nothing being owed - a lot happens when dealing with people that isn't ideal or in line with the letter of the law.

    Leave a comment:


  • g373
    replied
    Are the costs and effort involved really worth it? I'd be tempted to just accept their notice and get the property re-let as soon as possible. Sounds like they probably wouldn't have the money to pay you anyway.

    Leave a comment:


  • doobrey
    replied
    Originally posted by eshroom View Post
    Do you have an example of a good tracing company?
    I have just requested a trace from one about an hour ago. If you would like to know whether it is successful or not, happy to share info. Should know in a day or two.

    Leave a comment:


  • DPT57
    replied
    Your bigger problem is that the tenancy hasn't ended unless you accepted his invalid notice and now you have no idea where he is. Unless you can find a way to end the current tenancy you will not be able to re-let it for about a year whilst you go through serving notice, getting a court order and using bailiffs to enforce it.

    I would suggest you gather and retain as much evidence as you can that he has abandoned the property and only once you have it, re-take possession. His notice is a good start.

    Leave a comment:


  • KTC
    replied
    Originally posted by eshroom View Post
    therefore he owns the rent for the remainder of the tenancy. I only intend to claim for ...
    Only if you haven't don't take possession of the property.

    Is section 17 not the correct way forward in this situation? As far as I understand it the room was still in his possession and he was in arrears.
    Not unless you're serving it on someone who was previously a tenant or guarantor and had assigned the tenancy to the person who has just left, with the assignment guaranteeing the current tenant payments.

    Leave a comment:

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