Tenant leaving before court case

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    Tenant leaving before court case

    Hello
    I'd like some information of the best way forward with my tenant, and his partner.
    He was served s8 in Mar due to 3 mths rent being unpaid, we are due in court 24/6/10, now 6 mths unpaid rent, he contacted my stepmum (acting agent for me as I was abroad at the start of his tenancy) yesterday morning to say he is vacating the property (& removing all his furniture) tomorrow and leaving the keys through the letterbox. He has not lived there for 2 months, although his furniture was inside, and someone else is collecting their mail. (Neighbours told us)

    Does this mean I can access the property after this?

    Can the court issue a CCJ against him, not knowing a forwarding address?

    Do I need something in writing stating his intention to leave? Do I have to go there with it, to get such a declaration? And does it stand up in court?

    He does not answer his mobile or answer any emails from us regarding unpaid rent, and I recently found out, they did this at their last abode, with several debt collectors chasing that address for money.
    They are also using several different names which makes it difficult to chase them.
    I really appreciate any help with this.

    #2
    Does this mean I can access the property after this?

    I am no expert but I suggest you wait until he has left with all his stuff. My understanding is while his furniture is there technically he still lives there.

    Can the court issue a CCJ against him, not knowing a forwarding address?

    Did you not get a forwarding address when you signed the AST?

    Do I need something in writing stating his intention to leave? Do I have to go there with it, to get such a declaration? And does it stand up in court?

    I would not waste your time in getting it in writing the fact his not paid rent is enough. Also remember you are taking him to court to evict him for unpaid rent, that should be enough for the judge. Plus he has a bad history.

    From the sounds of it, this guy has played the usual game, hang in there until the last days before the court date. He knows the score and how to play the system, that is why he said his moving out as he knows if it goes to court then he has had it.

    This is the exact reason why Tenants get a bad name and then blame landlords!

    Comment


      #3
      Originally posted by mop121 View Post

      Can the court issue a CCJ against him, not knowing a forwarding address?


      Did you not get a forwarding address when you signed the AST?
      Huh? A forwarding address when you sign an A.S.T?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        Tenant leaving before court case

        Thank you for those replies..

        I, unfortunately didnt get a forwarding address as my stepmum handled the tenancy agreement.
        When they contacted her yesterday they seemed to be under the impression that they had to be out tomorrow (maybe confused 14th with 24th, date of hearing)
        Does this mean a CCJ cannot be ordered?
        There are several debt collectors knocking at the door already (neighbours evidence) and the police.
        You are correct when you say, they are practiced at this game.

        Kind regards

        Comment


          #5
          The forward address is something I do, not sure if anyone else does but worth doing it next time.

          Not sure about the CCJ though, I dont see why you cant after all they owe you money but I know if you fast track them out you cannot go after them for monies owed. Read the section 8 guides, also I find if you give one of these debt collector companies a call for some advice they might be able to help.

          Comment


            #6
            Originally posted by jinty1967 View Post
            Does this mean a CCJ cannot be ordered?
            No problem with obtaining the CCJ but enforcing it - ie actually getting the money - will be difficult without an address...

            Comment


              #7
              Tenant leaving before court case

              Still unsure if I can legally enter the property if they have left keys and taken all furniture, is oral notice sufficient?
              Will still go to court for CCJ against them, for unpaid rent. Have put a trace on them (findermonkey) so hope to get a forwarding address by then.

              Comment


                #8
                If you put 'abandonment notice' into the search facility you will be able to get some ideas on what you should be doing. Do not just enter and take possession without following the advice there because it could lead to problems, especially if, as you suspect, the tenant is clued up on the regulations.
                I offer no guarantee that anything I say is correct. wysiwyg

                Comment


                  #9
                  Tenant leaving before court case

                  thank you soooo much for that, I willl check it out first..re. abandonment scenario

                  Comment


                    #10
                    Tenant leaving before court case

                    After looking at abandonment notices, I am unsure if it can be classed a such, as they verbally gave their notice on Saturday (2 days ago) to quit today....does this still require the required month (in a written notice) before I enter legally?
                    They are surrendering their keys today through the letterbox.

                    Comment


                      #11
                      Originally posted by jta View Post
                      If you put 'abandonment notice' into the search facility you will be able to get some ideas on what you should be doing. Do not just enter and take possession without following the advice there because it could lead to problems, especially if, as you suspect, the tenant is clued up on the regulations.
                      Do not just enter and take possession without following the advice there because it could lead to problems, especially if, as you suspect, the tenant is clued up on the regulations.
                      They were given notice to quit as per S8 in March, does this not count?

                      Comment


                        #12
                        Originally posted by jinty1967 View Post
                        They were given notice to quit as per S8 in March, does this not count?
                        No it does not! The only way to be sure is to have a possession order and enforce it with bailiffs. BUT, if you follow the abandonment procedures you will be reasonably safe against a charge of illegal eviction. Read some more about it, especially the posts by Jeffrey and Lawcruncher.

                        If you do get the keys back today try and get them to sign a 'surrender'.
                        Last edited by jta; 14-06-2010, 07:45 AM. Reason: ....to say-if...
                        I offer no guarantee that anything I say is correct. wysiwyg

                        Comment


                          #13
                          Tenant leaving before court case

                          Today I was informed by my tenant that a deed of surrender would be signed by him and also he is willing to sign a disclaimer to 'award' me the deposit in lieu of rent owed. (so kind of him!) Is this legal? £225 deposit does not cover the £2700 owed, and what do I get him to sign to state he does not want the deposit?
                          I'm worried that the deposit will end up tied as I have no forwarding address or way of contacting them.
                          Nightmare..

                          Comment


                            #14
                            Originally posted by jinty1967 View Post
                            Today I was informed by my tenant that a deed of surrender would be signed by him and also he is willing to sign a disclaimer to 'award' me the deposit in lieu of rent owed. (so kind of him!) Is this legal? £225 deposit does not cover the £2700 owed, and what do I get him to sign to state he does not want the deposit?
                            I'm worried that the deposit will end up tied as I have no forwarding address or way of contacting them.
                            Nightmare..
                            If you have protected it in the DPS, give them a call, I am sure there is some sort of form you both have to fill in, so have the tenant sign it with you there. The £2700 he owes you still have to take him to court. You can use agenies that will track him down at a small cost.

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