Has this tenancy ended or not?

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  • mariner
    replied
    It sounds like the T vacated (abandoned) the Tenancy on 8 Jan, poss as response to s21 Notice.
    In similar circumstances the Agent advised serving an presumed abandoned Notice on the property, stating locks would be changed in 7 days and inviting T to contact L within x days from date of Notice if presumption was wrong. Any T possessions had to be stored for 3 months before disposal.
    There may be debate whether holding contents to 'ransom' for arrears is lawful if contact is made during the 3 month holding period. It may be they have little resale value and collection would allow a request for a documented forwarding address and hand over a small claims NBA for full recovery of rent & expenses and a signed Agreement the tenancy was voluntarily surrendered on 8 Jan.

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  • PaulF
    replied
    So would you say that L is okay to have changed locks and retained T's possessions in lieu of rent?

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  • jeffrey
    replied
    The point is that SPT surely cannot run-on unless T still has 'only/main residence' status.

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  • PaulF
    replied
    The tenancy was periodic and I don't know the answer to your Q. T might well have vacated but as keys have not been surrendered I was a little concerned at L changing locks.

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  • jeffrey
    replied
    When did/will the Letting Agreement''s fixed term expire?
    If T's vacated, it's no longer operating as an AST of course.

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  • PaulF
    started a topic Has this tenancy ended or not?

    Has this tenancy ended or not?

    A letting agent telephoned me this morning with the following problem:
    1. Tenant vacated on 8 January owing £1300 rent where the monthly rent is £550; the deposit held is about £750.
    2. Dilapidations come to more than the deposit held.
    3. T has left a bed frame (no mattress), a washing machine, tumble dryer and a few incidentals.
    4. L has already changed the locks
    5. T has not surrendered any keys.
    6. T has contacted agent about collecting said goods at premises and agent has refused on the grounds that rent is still outstanding.
    7. Agent correctly served a S.21 that was effective "after 7 January 2011".
    8. Agent considers T will not attempt to return to the premises.


    I consider the tenancy has not ended as keys have not been surrendered, and T has left some goods. I have told agent not to dispose of goods unless there is a clause in AST stating a time factor concerning removal (in order to offset partial rent arrears). Do you feel that there might be problems because I do?

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