Dealing with Abandonment and damage - Advice please

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  • Snorkerz
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    Do you have clear evidence of the condition of the place at the start of the tenancy?

    You can charge the value of damaged items, taking into account fair wear and tear and deduct that from their deposit.

    You are entitled to treat the tenancy as ongong, rent continues to be due until the earlier of:
    1) The end of the 12 months
    2) A new tenant moves in; or
    3) You come to an agreeent with the tenant.

    In which case, if you believe the tenants have assets then it would be worth suing for rent upto the re-letting date (but you are under no obligation to re-let).

    Although it is pretty conclusive that the tenant has surrendered the property, you do not officially have that surrender. The words of a 3rd party may be an indication, but they are not proof. What I am trying to say is that you have nothing from the tenant to say that they are willingly surrendering the tenancy and you can only safely re-let once the tenancy is officially over. That won't happen until you have either a surrender from the tenant or a court possession order.

    If you re-let while the current tenancy is still on-going, what would you do if the tenant waved the AST at the council and claimed illegal eviction? You'd probably be found not-guilty in court (it's a criminal offence) but do you want the cost and hassle of defending yourself?

    Get a letter from the tenant saying she wants to surrender from date X, but don't 'accept' the surrender until you have new tenants lined up.

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  • Dealing with Abandonment and damage - Advice please

    Morning all,

    Had a tenancy 7 months into a 12 month AST and tenant has fled without paying Jan or Feb rent (due on the 1st). Went round last night and neighbour informed me they have moved out and got new house.

    After checking there were none of the T pocession's in house through window I re-entered property to find they have ripped up the laminate flooring downstiars (kitchen and living room) aswell as in the 1st bedroom. They have also taken all the light fittings and damaged a few bits in the kitchen etc. They have also painted 2 of the rooms an interesting shocking pink colour.

    Plan to get a written statement from neighbour saying they have moved and to change the locks today. Need to get it repaired and relet asap.

    I can do all the work myself and I suspect it'll cost circa. £500 to repair (parts only), therefore I was just wondering how others deal with this sort of issue?

    Worth going through the courts?

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