Tenant flits after receiving section 8

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  • Tenant flits after receiving section 8

    He has also taken most of his belongings with him; can I re let the property immdeiately?

  • #2
    Originally posted by rich hand View Post
    He has also taken most of his belongings with him; can I re let the property immdeiately?
    No, of course not, because his tenancy is still running (as is his liability to pay rent!)
    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.
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    • #3
      So I would need to send in forms N5 and N119?

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      • #4
        well it might be arguable there is a surrender but we need to know much more detail on how he left. E.g. did he contact you and say he was leaving and returned keys, or make any contact with agent?

        if he has not made any contact with you there is the risk the tenancy still continues - this gives you 2 options.

        1. Issue a claim and get possession.

        2. It may be arguablet hat the T has surrendered by conduct - this is a quicker route to get possession but also has risks. You would claim he has (by his conduct) surrendered the tenancy and you accept this - you go in and change the locks. IF T returns (eg cannot get rehoused and advised to stay till evicted) then he may claim you have illegally evicted him. This will then be an issue for the court to decide.

        Given T has left you may decide it is safer to issue a claim - he will not defend and you should get possession within say 2-3 months - if you want to take the riskier option you can re-let sooner but know you have the risk of a claim from T.

        do you have a phone number for him?
        PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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