Arrears, damage and done a runner

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    Arrears, damage and done a runner

    Advice/ Suggestions appreciated.

    Facts: Despite several reminders and broken promises the rent due 1st June of £725 was not paid.

    29th June. A letter was given to tenant (witnessed) advising that if full payment of £1450 was not received on 1st July proceedings would commence to regain the property and costs.

    2nd July midday. A Section 8 was delivered and witnessed.

    Today. I was informed by a neighbour of the property the tenant vacated a week ago. I entered the property to find this to be the case.

    Damage. All light fittings removed. Paper randomly ripped of kitchen walls and ceiling. 50+ holes have been made in most walls in the house (about the size of what you would get from hanging a large picture frame). Toilet seat removed.

    Tenant has not returned keys

    The contract is an AST that ends 30th November 2010

    I know where they work and beleive I will be easily able to locate where they have moved to if required

    Any suggestions please?

    Small claims court?
    Allow tenants to protect their own deposits. I want free money when they do it wrong


      If they haven't given notice, be wary of entering property or claims of illegal eviction. They may not be paying rent, but while they have a tenancy hey have exclusive occupation rights.

      In your current situation, the only 100% secure way of regaining the property is to follow through with your s8g8 which will give you legal possession AND an order for the missing rent. You would have to sue for damages through , providing you have proof that the tenant is resoinsible.

      There is an abandonment process you can follow. It isn't 100% safe against claims of illegal eviction, but it covers the main points and will probably be quicker. It has the disadvantage that you will have to sue for the missing rent, whereas s8 comes with such an order.


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