is anyone knows what tmy next step?

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  • is anyone knows what tmy next step?

    My tenants gave me a verbal notice on the 15th of November, of a month notice.
    After few days they moved up to their new house and didn’t even let me show the house for any potentials tenants because they left a lot of rubes and some other personal things , since then they don’t answer my calls as well because they know the owe me money for rent and damage ,
    I just want to make sure I’m doing everything right and they won’t have any reason or any excuses to take me to court or to try to “get a way “.
    An agency found me these tenants and prepare the contract (AST), in it under “other tenant responsibilities “
    It’s Saying: “that where the property is left unoccupied, without prior notice in writing to the landlord, for a prolonged period, the tenant has failed to pay rent for that period, has shown no intention to return, the tenant is deemed to have surrendered the tenancy. This means that the landlord may take over the property and re-let it.”

    And in the last paragraph of the contract it’s say : “subject to the condition that a landlord must obtain a court order for possession of the property before re-entering the premises;
    If the tenant does not:
    “Comply with the obligations set out in the agreement.
    Then the landlord may re-enter the property and end the tenancy.
    This right must be exercised in the correct way through the courts and only the court can order the tenant to give up of the property”
    If they moved out already it can’t be possession of the property if I’m to go into my house and change the locks, right? So can I assume I don’t need to serve any notice before I’m entering?
    so Can I use my spare keys to enter and clear it up or do I need to send a letter (is it just a first class letter ? What to do I need to say, do I need to give them any time in the letter to contact me ? How long do I need wait for response which probably will never happen?

    so how long do i need to wait until i can come in?
    we sing on a six months contract from 17-11-04 until17-05-04 and then a new contract for another six months until 17-11-05(the same except £15 more rent ),does it now a “monthly” base and I only need to wait a month?
    do they still have their rights living in my propety? they moved to the house they just bought!
    what are my rights now as the landlord?
    do i need to contact someone profes
    Last edited by adlershelly; 15-12-2005, 08:08 AM. Reason: add something

  • #2
    Please dont post exactly the same thread again to attract attention to it. If you must draw attention to it, do a "bump" post.

    Presumably their months notice expired today. Are you going to the property? Have you had any contact from the tenant? What are their/your arrangments for them moving out?
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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    • #3
      I have actually changed my mind from the post I made in your other thread. The way I see it I see two situations potentially:

      - The tenant returns the keys and gives possession of the property to you. In this case obviously you can enter immediately.

      - You do not receive the keys, and have no way of knowing whether the tenant has vacated or not, and whether he has returned possession of the property to you. In this case, I think you may have to being the notice proceedings from scratch - ie serve a Section 21, wait two months, and go through the court to regain possession. I could be wrong, but I think you will have to do this.
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

      Comment


      • #4
        i know the house is empty and i know they moved out- still need to serve notice 21?!

        mr shed thank you for your help!!
        i woudl like to add that i have been in contact with them and i also know their new address ( after a good search) but they keep ignuring my requst for the keys or maybe they trying to earn time.. and you can see that the house is empty from everything...

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        • #5
          There is a difference between the house being empty at a particular time, and them having returned possession to you. I would suggest either you get the keys back, or ask them to put in writing that they have returned possession to you. Do you have a deposit or anything to return to them?? If you do, then obviously you cannot return such a deposit until they have returned possession to you, so make this very clear to them.
          Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

          Comment

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