Tenant just upped and left. What notice do i give to formally end the tenancy

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenant just upped and left. What notice do i give to formally end the tenancy

    My tenant left without notice on 1 September. Did not tell me. I did not find out until 10 October. She let her cousin move in (without asking me first). The cousin is now in there with a proper AST.
    What formal notice do I need to give her to legally end the first tenants tenancy? I still have her Deposit and she owes back rent from some time back. Thanks everybody

    #2
    She would appear to have surrendered the tenancy of her own volition and you appear to have entered into another contract with her cousin. I am not sure you have to issue any notices to the first tenant at this stage.

    Perhaps it would be appropriate to write to her (assuming you have a contact or work address?) setting out your understanding of the situation and stating that she has surrendered the tenancy by her actions and that you have accepted that surrender.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      Thank you. Yours is certainly the logical thing to do, but I just wanted to be sure that the tenant would not have the upper hand at some later date for some (as yet unanticipated) spurious issue simply because I had not issued some formal legal notice.

      Comment


        #4
        Originally posted by LANDLORDNORM View Post
        What formal notice do I need to give her to legally end the first tenants tenancy?
        You cannot end an AST simply by serving a notice. To unilaterally end an AST, you need to obtain a court order for possession.

        But tenancies may end by mutually agreed surrender, either formally in writing, or 'by operation of law', which is when both LL/T's actions are inconsistent with the tenancy continuing. E.g. in very simplistic terms, T moves out (implied offer), LL retakes possession (implied acceptance of offer).

        Originally posted by LANDLORDNORM View Post
        I just wanted to be sure that the tenant would not have the upper hand at some later date for some (as yet unanticipated) spurious issue simply because I had not issued some formal legal notice.
        It is certainly possible that the tenant could reappear and allege she has been unlawfully evicted, etc.

        It's arguable as to whether the tenant did actually offer to surrender; one might argue that since she invited a relative to stay, she didn't offer up vacant possession, so where's the offer in that? Of course, you've only told us a few very basic facts, so who knows.

        Hopefully, you'll be llucky this time, but it's very risky to take such a casual approach to letting. Unlawful eviction is a criminal offence, and if the T also brings a civil claim you can be ordered to pay significant damages.

        And did you even reference check this 'cousin' before granting a new tenancy?

        Comment

        Latest Activity

        Collapse

        Working...
        X