The tenant suddenly moved out.

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  • The tenant suddenly moved out.

    Any one knows if the landlord still needs to write to the tenant to terminate the contract after the tenant suddenly moved out without giving any notice or even inform the landlord? If does need to write to the tenant, what is the layout of this letter (any example?).

    Thanks
    Peter

  • #2
    More

    OK, here is more. The tenant lived in the premises (in London) for 5 months and never paid the rent. when they suddenly moved out they took half of my furniture away and also leave one bed room completely destroyed (see the attached pictures).

    I want to follow the procedure of absconding tenant, however it says in the legal system that the first step, I have to terminate the contract by writing. Do I need to write a letter to the ex-tenant (since they already moved out without a notice)?

    Please advice.
    Peter
    Attached Files

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    • #3
      Why did you let five months' rent arrears accumulate? What sort of management is that?
      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).

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      • #4
        Yes

        Yes, it was a bad management by a house agency that I trusted. I finally terminated their management in the fourth months.

        Now It seams I did a right thing.

        Peter

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        • #5
          Any one know

          Do I still need to send a letter to the ex-tenant in order to terminate the contract correctly?

          Peter

          Comment


          • #6
            Originally posted by peter_y_wang View Post
            Do I still need to send a letter to the ex-tenant in order to terminate the contract correctly?

            Peter
            The rent arrears and the property you allege he has stolen, are technically a separate issue from whether the tenant can be deemed to have ended the tenancy or not.

            In the circumstances you describe it does look very much as if the tenant (a) has vacated and (b) does not intend to return, however, technically the tenancy still stands and you should either:

            (i) give notice by serving a section 8, grounds 8,10 and 11. This means that you can apply for a possession order 14 days after serving it.
            (ii) contact the tenant and agree a formal surrender, preferably by deed, before going nin there, changing locks, and re-letting. You cannot just 'send him a letter' ending his tenancy without due notice being served.

            If you do not do one of these two things, theoretically the T could come back and accuse you of illegally evicting him (unlikely as it may seem - it does happen). Then you will have to prove in court that the tenant had by operation of law surrendered the tenancy. It would probably be less stressful to avoid that.

            Why on earth did he want that wallpaper?
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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            • #7
              See http://www.landlordzone.co.uk/forums...ad.php?t=17487
              All posts in good faith, but do not rely on them

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              • #8
                14 days passed?

                I called the tenant after 2 days the tenant left. They told me they moved out permanently and will not return (this is only way to contact them). It's already 14 days passed by now, is it too late to issue a c21 notice?

                Can I assume that the 14 days has passed? therefore I can send them a letter to terminate the contract.

                Regards,
                Peter

                Comment


                • #9
                  Do you have their current address? It might be worth trying to get a deed of surrender signed, or get them to return the keys and confirm they end the tenancy on that date.

                  Then sue them for damages and rent arrears, and also consider action against the agents.
                  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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                  • #10
                    Thanks

                    Yes, after 3 days I call the tenant, he came to meet the house agent and return all the original keys back.

                    Thanks for the suggestions. I now know what to do. I have just got the Email address from the tenant and asked him to confirm the date when they moved out which was two and half weeks ago. I just got the confirmation Email back today.

                    I'm starting to gain confidence back following step of your suggestions. Thank you very much.

                    Peter

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                    • #11
                      If you think that was bad look at this!
                      Attached Files
                      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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                      • #12
                        Originally posted by Paul_f View Post
                        If you think that was bad look at this!
                        You should be ashamed of yourself, Paul.
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                        • #13
                          Originally posted by mind the gap View Post
                          You should be ashamed of yourself, Paul.

                          I know. Those are bottles of Australian wine for goodness sake!
                          Health Warning


                          I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                          All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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                          • #14
                            Hope you took meter readings peter y wang. Have you now transferred utilities into your name?

                            Cor blimey! How bad was the pong?

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                            • #15
                              Originally posted by Paul_f View Post
                              If you think that was bad look at this!
                              Must have been in a supermarket and interpreted 'bogof' too literally.
                              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

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