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

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • westminster
    replied
    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.

    Leave a comment:


  • Brb
    replied
    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.

    Leave a comment:


  • mikem
    replied
    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.

    Leave a comment:


  • midlandslandlord
    replied
    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

    Leave a comment:


  • midlandslandlord
    replied
    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

    Leave a comment:


  • jjlandlord
    replied
    It's there: http://www.landlordzone.co.uk/uncollected_goods.htm
    Last edited by jjlandlord; 20-04-2011, 20:15 PM. Reason: Damn, brb was too fast! ;-)

    Leave a comment:


  • Snorkerz
    replied
    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.
    Presuming the tenancy ends legitimately, you can search in the main site for what to do with goods abandoned by the tenant (would post a link but the site is playing up for me)

    Leave a comment:


  • mikem
    replied
    nightmare tenant

    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.

    Leave a comment:


  • westminster
    replied
    Originally posted by dollymays View Post
    Thank you - If I apply to the court for possession should I do so under S8 or S21?
    Both were issued at the same time.

    As I don't have a forwarding address for T, should I use property address or T's Solicitor's Address on the application?
    Use the rental property address.

    I was going to say proceed under s.21 route as that's guaranteed, but I've just had a look at your previous thread. It seems there are added complications in that you don't have a copy of the tenancy agreement, and I don't know what evidence you'd have to provide of the tenancy - wait for others to advise.

    Did you use the saving clause in the s.21(4)(a) as advised? Did you obtain proof of service of the notice(s)?

    Leave a comment:


  • dollymays
    replied
    Originally posted by westminster View Post
    Option 1: Apply to the court for possession.

    Option 2: Treat letter from T (the one with the uncertain date) as an offer to surrender, and accept that offer by taking possession of property; then, cross fingers that T does not return and claim he has been illegally evicted, and hope that a court would agree that the letter, and the T apparently moving out despite leaving belongings behind, comprised an offer to surrender.

    No-one on the forum can advise you to pursue option 2, as we don't know the full facts. Option 1 is the only 100% safe way to proceed.
    Thank you - If I apply to the court for possession should I do so under S8 or S21?
    Both were issued at the same time.

    As I don't have a forwarding address for T, should I use property address or T's Solicitor's Address on the application?

    Leave a comment:


  • westminster
    replied
    Originally posted by dollymays View Post
    I'm not clear at all on what I should do now. Please can I have some advice on how to proceed (lawfully) from this point.
    Option 1: Apply to the court for possession.

    Option 2: Treat letter from T (the one with the uncertain date) as an offer to surrender, and accept that offer by taking possession of property; then, cross fingers that T does not return and claim he has been illegally evicted, and hope that a court would agree that the letter, and the T apparently moving out despite leaving belongings behind, comprised an offer to surrender.

    No-one on the forum can advise you to pursue option 2, as we don't know the full facts. Option 1 is the only 100% safe way to proceed.

    Leave a comment:


  • jeffrey
    replied
    Originally posted by property mongrel View Post
    The solicitors watchdog is the SRA. A neighbour solicitor of mine tells me that the SRA are worth having from a punters point of view as solicitors do not like the thought of being referred to them.
    No. The SRA does not now handle complaints [as from the beginning of October 2010].
    Instead, go to Legal Ombudsman here: http://www.legalombudsman.org.uk/consumer/index.html

    Leave a comment:


  • property mongrel
    replied
    The solicitors watchdog is the SRA. A neighbour solicitor of mine tells me that the SRA are worth having from a punters point of view as solicitors do not like the thought of being referred to them.

    good luck

    pm

    Leave a comment:


  • dollymays
    replied
    Just Want To Do The Right Thing

    I'm not clear at all on what I should do now. Please can I have some advice on how to proceed (lawfully) from this point.

    As you can tell my ignorance in these matters is woeful and I apologise, I'm not a LL, don't purport to be, I'm just trying to assist a very elderly OAP LL act within the law and reclaim his property, keeping his costs to a minimum.

    Thanks for all your advice

    Leave a comment:


  • dollymays
    replied
    Originally posted by davidjohnbutton View Post
    Putting in a complaint about the solicitors intransigence might be a way forward since most of them dont like their professional body knowing about their incompetence. Other way is to turn up at the solicitors office 5 mins before closing time and refuse to budge till its sorted - if police attend then leave so as not to cause breach of peace and repeat following day.
    Thanks for the advice, however I live an 80mile round journey from T's Solicitor's office with no direct transport link, so a visit not feasible at this moment, I shall Google professional body meanwhile.

    Leave a comment:

Latest Activity

Collapse

Working...
X