Abandonment of T's uncollected goods; disposal by L?

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    A barebones evaluation.

    It's eviction + repossession by the sound of it.

    Section 21 for the first possible date (June?) + whatever else you judge worth doing which might work sooner (Section 8?).

    You also need to take care where you serve notices, I suspect - perhaps just serving at the property is the correct one here; others know better.

    It sounds that you also need to take care to be "reasonable", as multiple suicide attempts plus temporary sheltered accommodation could be a strong plea for exceptional hardship in a Section 21 case (up to 28 days extension of possession date at judge discretion) or an argument against discretionary grounds for eviction.

    Of course you also need to be aware that she could come out of sheltered accommodation at any minute and go straight back in.

    Then it'll probably be "down to experience" or a Moneyclaim for recovery.

    In realpolitik, you could try negotiating for an immediate surrender of the Tenancy, perhaps in return for a cash sum plus writing off the rent lost.

    If it's going to be June plus a Court process (= potentially August or September before you get it back) it could easily be worth £500-£1000 plus writing off rent lost so far now to close down the loss; your costs from now to eviction, treating the unpaid rent so far as a sunk cost, could be £2000-£3000 on a rental of £400-£500 pcm.

    You're up against her loss of "unintentionally homeless" status if she accepts an offer, if the Local Council policy is against you - choose your words carefully in conversations and letters.

    ML
    Refer Mad Regulators to Arkell vs Pressdram.

    Comment


      PS

      Audit your letting agents processes carefully - were the checks done (you should have the right to the full detail of the checks)?

      You may have comeback.

      ML
      Refer Mad Regulators to Arkell vs Pressdram.

      Comment


        Not sure if checks were done, would need to ask on that one. the suicide attempts were done purely as a means of
        getting attention.She is known for trying it on before we even knew of her. With her medical condition it is quite
        common amongst those with the same medical condition. In fairness to her she did say in passing that she suffered
        from Bi polar condition. At the time I paid little attention as it had no meaning to me. If she has said Manic depression
        I would have know straight away. The moral of the story is to check up if a prospective tenant says they suffer from
        something, and take it from there.She is known by all who have to deal with her as a very awkward person to deal with.

        Comment


          Any form of depression is a hard thing in life to live with for all in that person's life. It can be as damaging to a person's life as a serious physical illness.

          That said, as private LLs you are a private business out to make profit and not a charity that offer support alongside assisting with housing.

          I have a close family relation that is a manic depressive and one of my closest friends has bi-polar. The bi-polar I find harder to handle at times. I work with elderly with dementia and they're a doddle.
          I'm a good tenant with great landlords
          I'm also a living, breathing, fully cooked female.

          Comment


            Originally posted by mikem View Post
            We have a tenant who is on a 6 months short term lease.This woman as turned out to
            be a nightmare, to the point that she was told by us that she would not be held to her
            contract. This was based on advice from our letting agent.
            Since taking up the tenancy she as had 2 attempts at suicide. Been arrested for assault
            on her blind partner.Had the rent stopped because she said she was no longer staying there and she was still living there. She is on housing benefits. She as now been placed in temporary accommodation so social services can keep a better eye on her. The accommodation she is in is furnished so her possessions are still in out property. For which
            we are now getting no rent. Her lease is up in mid June. What can we do to get the place
            emptied of her possessions so we can repair any damage done and re let the place.
            One thing is for sure no one on benefits will ever get into the property again. I know that
            you do get good tenants on benefits but once bitten never again.
            All that is relevant is what I have highlighted above in 'bold'.

            You must serve notice on the T. A s.21(1)(b) notice giving T at least two months' notice and expiring after the fixed term ends. And a s.8 notice citing the grounds relating to unpaid rent (8, 10 & 11) and ground 14 (assuming the assault took place in or near the rental property):

            The tenant or a person residing in or visiting the dwelling-house -
            (a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or
            (b) has been convicted of -
            (i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
            (ii) an arrestable offence committed in, or in the locality of, the dwelling-house. [if T was convicted]
            There is no ground to evict on the basis of T's suicide attempts or manic depression.

            See http://www.letlink.co.uk/letting-fac...-8-notice.html

            If there is absolutely no doubt whatsoever that T has vacated for good, then arguably you could take possession immediately on the basis that T has made an implied offer to surrender, but this is a risky approach as you are exposed to the possibility that T may reappear and allege illegal eviction - in your case the risk may be considerable since T has apparently left all her possessions behind, hasn't expressly told you she has left or returned keys etc - i.e. the usual indicators of an implied offer to surrender.

            Comment

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