What actually constitutes a tenant leaving??

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  • islandgirl
    replied
    Our tenants gave us a letter saying they were surrendering their tenancy and would leave on a certain date. When they later decided not to go Solicitor advised that the letter meant nothing and we had to follow the Section 8 route for non-payment to get them out. She however had to check her books on this one - she thought we had them on "surrender of tenancy" but found a previous case to prove we did not!

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  • TraceyMR
    started a topic What actually constitutes a tenant leaving??

    What actually constitutes a tenant leaving??

    This may seem a strange question I will try and keep simple!!

    Oct 2005 my tenant is no longer able to pay rent at the end of the month he agrees verbally and amicably to leave at the end of November.

    End of november arrives says he can't leave - we issue section 21 which expires at end of Jan (today). All along he says he will definatley leave until sunday when he texts to say he will not be leaving until the end of feb and if that is problem then we should take him to court.

    He has refused to speak to us since the section 21 was issued and will only text.

    I text back saying that we would be following the correct legal procedures and would be filing for posession on wednesday morning.

    Last night I received a text saying that he will definatley be leaving the property on monday although he has no-where to go but he will leave.

    Okay hypothetical question -

    If we arrived at the property on monday and there was no-one there - could we assume that he had abandoned the property on the basis that his text states that he will definatley be leaving and store any stuff that was left in the garage for him to collect, change the locks etc.

    If he then came back saying that he had not left would the fact that he had given us in 'writing' that he would definatley be leaving be any defence on our part?

    What actually contistutes a tenant 'leaving' do they physically have to han dover the keys - how do you know if they have just abandoned the property?? Does written/texted intention mean anything!

    He won't speak to us so we cannot have a conversation about this.

    Interested in any opinons/experience about where this would stand in court if he decided to pursue -obviously not looking for legal advice!!

    Thanks
    Tracey

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