Tenant left the property without served a notice.

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  • Tenant left the property without served a notice.

    Hi there,

    I rented out my property for 1 year with 6 months break Clause. I have just returned to the country and found out that I have not received rent for the past 7 months in my account. I also found out property has been
    abandoned for that duration. Tenant claimed they have sent me a notice by an email which I haven't received. They had not returned the keys either.

    My Question is can I take them to the court for unpaid rent and for the end of tenancy clean, abandoned
    property disposal etc.

  • #2
    What date does/did the fixed term end??

    How long were you out of the UK & did the tenant have an address for you, whilst away, for the "serving of notices"?? - and if so would you have received any letters etc??

    Cheers!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


    • #3
      Is this the same tenant who "fixed" your shed for £3,000?
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


      • #4
        Originally posted by theartfullodger View Post
        What date does/did the fixed term end??

        How long were you out of the UK & did the tenant have an address for you, whilst away, for the "serving of notices"?? - and if so would you have received any letters etc??

        Cheers!
        Hi and thanks for the reply.
        I was out of the UK throughout the tenancy. My postal address abroad was on the tenancy agreement. I was residing at the address listed on the tenancy agreement abroad and would have received all mail. It was a 12 month agreement which was supposed to come to an end end of January. Six months break clause would have been a 2 months' notice in April. They dodged the question about written notice and said they sent me an email in July which they can not produce either.

        Thanks

        Comment


        • #5
          Originally posted by Paul_f View Post
          Is this the same tenant who "fixed" your shed for £3,000?
          Hi,

          No. A different one unfortunately.

          Comment


          • #6
            Yes, you can take them to court.

            It is for them to prove that they served correct notice.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


            • #7
              Perhaps readers should link this thread with 'has anyone successfully managed their rental property whilst living abroard'.

              I missed that shed thread - sounds classic!



              Freedom at the point of zero............

              Comment


              • #8
                Originally posted by Asif View Post
                Hi,

                No. A different one unfortunately.
                Please answer post 2 if you want any relevant answers. There are occasions when notice is not required.

                Comment


                • #9
                  Originally posted by Asif View Post
                  I was out of the UK throughout the tenancy. My postal address abroad was on the tenancy agreement.
                  If I'm correct, your tenants do not owe you any rent because you did not provide them with in address in England or Wales to send notices to in accordance with s.48 Landlord and Tenant Act 1987.

                  Comment


                  • #10
                    Originally posted by Mrs Mug View Post
                    If I'm correct, your tenants do not owe you any rent because you did not provide them with in address in England or Wales to send notices to in accordance with s.48 Landlord and Tenant Act 1987.
                    Well, we don't know OP hasn't provided such an address - but if he hasn't, he'd have a hard job convincing a court that tenant should have sent notice to a non-existent address.

                    Comment


                    • #11
                      Originally posted by Asif View Post
                      My postal address abroad was on the tenancy agreement.
                      Did you also provide an address in England/Wales at which notices may be served on you, as you are required to do under s.48 Landlord and Tenant Act 1987? (As MrsMug says, no rent is lawfully due until you provide this address).

                      http://www.legislation.gov.uk/ukpga/1987/31/section/48

                      Does the tenancy contract say anything about the method of serving notices?

                      It was a 12 month agreement which was supposed to come to an end end of January. Six months break clause would have been a 2 months' notice in April.
                      So it started late Jan/early Feb 2012? In which case, the earliest break would be late July/early August (notice served two months earlier).

                      They dodged the question about written notice and said they sent me an email in July which they can not produce either.
                      Even if they prove they did give notice in July, the break clause apparently requires two months' notice, so the T would be liable for rent for a further two months.

                      Comment


                      • #12
                        Originally posted by Asif View Post
                        Hi there,

                        I rented out my property for 1 year with 6 months break Clause. I have just returned to the country and found out that I have not received rent for the past 7 months in my account. I also found out property has been
                        abandoned for that duration. Tenant claimed they have sent me a notice by an email which I haven't received. They had not returned the keys either.

                        My Question is can I take them to the court for unpaid rent and for the end of tenancy clean, abandoned
                        property disposal etc.
                        Surely you checked your bank account in the last 7 months?

                        Comment


                        • #13
                          Originally posted by Interlaken View Post
                          Perhaps readers should link this thread with 'has anyone successfully managed their rental property whilst living abroard'.

                          I missed that shed thread - sounds classic!
                          It appeared yesterday!

                          Comment

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