Evicted tenants possessions still in property

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  • Evicted tenants possessions still in property

    Hello All.

    I served s8 to tenants due to no rent payment.
    Tenant has vacated but 2 shirts remain in his room and some bedding in the lounge. He has not handed in his key.

    I have however, recorded a phone conversation between us during which he tells me that he has moved out.

    Can I now remove his items from the property, change the locks and re-rent the room?

    Any help greatly appreciated as this area seems to be slightly grey.

    Thanks


    Ps. Can I now keep his deposit? It's with the DPS, do I need proof that hen has unpaid rent?

  • #2
    Do LZ search for 'Abandonment'.
    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


    • #3
      Originally posted by Harper's Ash View Post

      Ps. Can I now keep his deposit? It's with the DPS, do I need proof that hen has unpaid rent?
      See
      https://www.depositprotection.com/pu...documents.aspx

      Click on 'The DPS Single Claim Process'

      Comment


      • #4
        Thanks.

        Jeffery, I've looked at the issues with abandonment. Thanks for the link.

        In my case though, I have a recording of myself and the tenant, he tells me twice in the conversation that he has moved out. So can I now assume vacant possession of his room despite several items in the property?

        Thanks

        Comment


        • #5
          Originally posted by Harper's Ash View Post
          Thanks.

          JeffREy, I've looked at the issues with abandonment. Thanks for the link.

          In my case though, I have a recording of myself and the tenant, he tells me twice in the conversation that he has moved out. So can I now assume vacant possession of his room despite several items in the property?
          Nothing in writing?
          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


          • #6
            No nothing in writing, just the recording.

            I don't think the tenant intends to go further, but if it ends up in court will a recording of of T saying he's moved out not be sufficient?

            Comment


            • #7
              Originally posted by Harper's Ash View Post
              No nothing in writing, just the recording.

              I don't think the tenant intends to go further, but if it ends up in court will a recording of of T saying he's moved out not be sufficient?
              How will you prove it's his voice?

              Comment


              • #8
                Good point. I can't

                But the recording happens to be exactly the same length as the phone call to his number on the bill.

                But if I had it in writing that he's moved out, who's to say it's from from him, I know what his signature looks like from the contract. I could forge it.

                There must be some line of 'reasonability' in court?

                Comment

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