Tenant departing wants to leave her goods at let property

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

    Tenant departing wants to leave her goods at let property

    My tennant is due to leave my property on the 31st of may , she has given me 1 months writen notice which I accepted with glee ( see thread .. can i sue? ) as it has saved me having to serve a section 21 on her.
    I now have a problem, I have receved a tip off that she plans to move in with her cousin but has no were to take her belongins and that she plans on leaving them in the property.
    this is going to render the property un-letable untill she moves her belongings.
    My understanding of the law is this , As from the 1st of june she has no legal right to enter the property ( whitch is going to be difficult because im giong to change the locks) with out my permission.
    My question is this, can i refuse to hand over her possions untill she has compensated me for loss of rent and also if she refuse to collect them how long do I have before they become legally mine so I can sell them off to recoupe loss of revenue.
    When I talk about posseions I mean the full monty . TV, dvd player,computers,white goods, furniture , clothes, personal posseions the lot
    your opionions would be most gratefull
    VERGIL01

    #2
    Do not change the locks with her stuff in there... she will accuse you of illegal eviction and she can sue you for an awful lot of money.

    If she fails to leave there is little you can do except issue a section 21.

    I don't understand why you think she has no legal right of entry after 1st June, while she has keys and her property is still in there you can do nothing. Just advise her that anything left behind will mean she is still in residence and as such you will continue to charge rent. That should scare her into sorting it out!
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

    Comment


      #3
      and charge her double rent as per the discussion thread on here recently from the date her notice of quitting expires!

      See http://www.landlordzone.co.uk/forums...t=11344&page=2 and post by Jeffrey

      Comment


        #4
        It gets harder to distinguish trolls from ignorant landlords, doesn't it? A community forum where I am a moderator is sadly chock-full of members posting fake dilemmas under fake IDs so they can enjoy wasting the time and energy of people who give their advice for free.

        Nonetheless, here is a sample move out letter you can use to remind her what you expect with regards to the move out procedure.

        http://www.landlordzone.co.uk/move_out_letter.htm

        Should the tenant not move out on that date, you have no right to enter the property without her permission and may not change the lock. You probably should have served that S21 as a back-up in case she doesn't honour her notice period.

        Here is a fact sheet about uncollected goods

        http://www.landlordzone.co.uk/uncollected_goods.htm

        The danger is that leaving her belongings in the property may not indicate that she has left the property, nor that you've gained possession of it.

        http://www.landlordzone.co.uk/legal/abandonment.htm
        Last edited by Beeber; 25-05-2008, 10:54 AM. Reason: to moan a bit more

        Comment


          #5
          Hi everyone thanks for your reply`s especially beeber who seems to think i am an ignorant landord because im quite certain im not a troll ( at least i wasnt when i last looked )nor is this a fake dilemma and i am definatley not useing a fake ID, my name happens to be virgil. In futre if you feel i am wasting your time please feel free not to bother replying .
          however I have taken onboard everyones opionions and advice and shall act accordingly
          thanks again
          Vergil 01 ( real name honest )

          Comment


            #6
            Either tenancy is still running (which means that T's goods can remain, but T must still pay rent);
            or tenancy has ended (which means that T's rent liability has ended, but T must give vacant possession back to L).

            T cannot have it both ways.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Hi jeffery, thanks for your reply:
              please correct me if im wrong, If my tennant gives me 1 months notice from the 30th april that she inteneds to terminate her tennacy and move out on the 31st of may, then providing she hands her keys over, from that date onwards am I correct in asumeing that she has no legal rights to enter the property
              that brings me back to my main concern which is
              What if she hands the keys back with her belongings inside?
              Can i change the locks, which I always do when a tennant departs anyway?
              If I serve the former tennant with an uncollected goods notice can I put her goods into storage, then I get on with letting my property ?

              Comment


                #8
                Handing keys back: what does this connote legally? Is T terminating tenancy or not; as L, do you accept termination or not?
                Once you know this, refer to my previous post.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  HI jeffery
                  yes the tennant is teminating her tennacy, she clearly states in her writen notice that she wishes to terminate her tennacy and yes I am certainly accepting it.
                  so at what point does the tennacy end
                  vergil01

                  Comment


                    #10
                    Originally posted by vergil01 View Post
                    HI jeffery
                    yes the tennant is teminating her tennacy, she clearly states in her writen notice that she wishes to terminate her tennacy and yes I am certainly accepting it.
                    so at what point does the tennacy end
                    vergil01
                    T is leaving on 31 May. Is that:
                    a. fixed term expiry date;
                    b. a rent period expiry date, on a statutory continuation periodic tenancy; or
                    c. something else?

                    If a or b, T is entitled to end tenancy then. However leaving her stuff behind is inconsistent with ending tenancy, innit?

                    If c, T might not be entitled to end tenancy then.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #11
                      HI Jeffery
                      she is leaving for reason b,
                      does this mean if T leaves her belonging in the property she has not ended the tenancy and therfore i can continue to claim rent from her?
                      vergil01

                      Comment


                        #12
                        Originally posted by vergil01 View Post
                        HI Jeffrey
                        she is leaving for reason b,
                        does this mean if T leaves her belonging in the property she has not ended the tenancy and therfore i can continue to claim rent from her?
                        vergil01
                        Yes, for reasons already given. Either she has rights to leave belongings (and must pay rent); or she ends tenancy (so must vacate fully).
                        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

                        Comment


                          #13
                          Thanks Jeffery, you have been very helpfull
                          vegil01

                          Comment

                          Latest Activity

                          Collapse

                          • Reply to End of tenancy questions
                            by leasee123
                            So is it best to serve section 21 together with a section 13? As that is the only way to ensure I can get the rent increase?...
                            02-12-2021, 09:56 AM
                          • End of tenancy questions
                            by leasee123
                            Hi,

                            I am a landlord and the current tenancy is coming close to the end of the AST fixed period. I am unsure what the process is when it comes to things like increasing rent and section 21 etc. I am using an agent for tenant find and they do the negotiating with the tenants (and of course...
                            01-12-2021, 21:08 PM
                          • Reply to Alternative ways to enforce a Peaceable Eviction
                            by bob369
                            I wish to gain a court order for eviction, can that be sought in advance of the approaching Notices end date, or does he need to become a 'hold over' tresspasser before I can apply.
                            Apologies that is a typo, if it wasn't for the infernal 'Moderator Approval' system being so pedantic I would have...
                            02-12-2021, 09:54 AM
                          • Alternative ways to enforce a Peaceable Eviction
                            by bob369
                            Hi,

                            A Lodger (Excluded Occupier) needs to be excluded as his Notice Period has expired (one calendar month), and he refuses to leave

                            I understand Police will not get involved to remove him, even though he is tresspassing, understand they view this as Civil not criminal....
                            24-11-2021, 23:16 PM
                          • Reply to End of tenancy questions
                            by jpkeates
                            You can charge them any rent that they agree to pay, otherwise, your only option to unilaterally increase the rent is a s13 notice.

                            The s13 notice includes an appeals process, so you can't simply "evict" someone by charging a ludicrous rent....
                            02-12-2021, 09:50 AM
                          • Reply to Granting a very long AST (to a family member)
                            by Section20z
                            The flat's lease will likely prohibit lettings of more than a year (or class it as an assignment)
                            02-12-2021, 09:44 AM
                          • Granting a very long AST (to a family member)
                            by meehr
                            For a variety of reasons a family member is considering renting out their leasehold flat to a cousin for a long period of time - to provide security they want to grant a very long AST, like 8 years (till kids have left home basically). They both want to do this for security and avoidance of argument...
                            01-12-2021, 23:27 PM
                          • Reply to End of tenancy questions
                            by leasee123
                            But what happens if tenants don't leave (when it was originally agreed they would), can I charge them the higher rent? Because a section 13 would not have been served (given it was agreed they would leave at the end of the fixed term) would I still be allowed to charge them a higher rent?
                            02-12-2021, 09:43 AM
                          • Reply to who's repsponsibility
                            by jpucng62
                            Tenants often don't have the tools to manage large foliage or dispose of it. If I could do it without too much effort I probably would or offer to arrange for it to be done & pass on the cost. It is definitely their responsibility.
                            02-12-2021, 09:20 AM
                          • who's repsponsibility
                            by madmaxwell
                            Received message from tenant saying the storm last week had caused the bush/tree at the front of the property to blow over and could I sort asap. I replied I didn't know there was a bush/tree at the front of the property and enclosed the inventory photograph of the front showing this. The tenant responded...
                            02-12-2021, 08:54 AM
                          Working...
                          X