Surrender of AST

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    Surrender of AST

    Good morning all,

    I am new to this forum but from reading through lots of posts last night I have come to the right place.

    Its a long story but I moved a tenant (apparently single lady) in to my newly refurbished flat in June of this year.

    About a week later I got calls from other residents of the block saying there were "groups" of people going in and out the flat at all hours and one of the residents witnessed what appeared to be a drug deal on the stair well (obviously this could not be confirmed). It has since been confirmed the boyfriend was using my property as a safe house for drugs, supplied to him by a known dealer in the area and hidden their (actually behind the bath of all places)

    I undertook an inspection as per the AST and found nothing to suggest any foul play apart from her boyfriend who appeared to be living there even though she confirmed in writing that she would be living alone.

    She then asked if it was possible to put him on the tenancy which I said I would investigate (a bit of a stalling tactic) and 2 days later I had a call from the T saying her boyfriend had beaten her up, been arrested etc. It transpires the estranged boyfriends grandmother gave her the money for the deposit etc etc but he had moved out although had a set of keys, the list goes on.

    Last Thursday, he was again arrested apparently and I got a call from a neighbor friend of mine saying the bottom glass panel in my front door had been kicked in and smashed. I attended with the tenant (who is now not living in the property) and got it blocked up etc.

    We discussed the situation and she "decided" the best course of action was to surrender the tenancy and return the property to me I agreed that as she was paid to the 14th of August that would be the day she left.

    I drafted a document for her to sign to that effect and detailed out the costs she will have to pay as per the AST, i.e reasonable costs for me to find a new tenant. I also added the cost of the permanent repair to the broken front door. She has rejected the costs on the grounds that it was a "random act of criminal damage" and something for my insurance. Myself and the Police (when they attended on Friday) had their suspicions as to who it was when she began rattling off lists of known associates of the estranged boyfriend and believes that his mates had popped round on Friday morning to "have a word" with her about getting their mate arrested and maybe even inadvertently kicked the door and braking the glass.

    Now I just want her out so have amended the document to say if it is proved that the damage to the door was as a direct action of the Tenant, Guests or activity within the property I will claim all costs and damages from her, which she has agreed. The question is, how do I prove this?

    #2
    Originally posted by accidentallandlord1980 View Post
    Now I just want her out so have amended the document to say if it is proved that the damage to the door was as a direct action of the Tenant, Guests or activity within the property I will claim all costs and damages from her, which she has agreed. The question is, how do I prove this?
    When the person who caused the damage pleads or is found guilty in court.

    Comment


      #3
      Is your document a deed??

      What happened when you reported the apparent criminal activity of drug dealing??

      Was tenant credit & reference checked??
      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


        #4
        That was my thought too, damn

        Comment


          #5
          A deed, no

          Comment


            #6
            The tenant was credit and reference checked by the agents that marketed the property and all was clear. Although not admissible, I also had a personal recommendation from a neighbour (ironically the person who kept calling to report the suspicious activities!)

            I reported my suspicions to the Police that attended the damage to the door and he said they would "investigate", I have yet to follow up with them (they don't seem to start early in this part of the world)

            Comment


              #7
              Originally posted by accidentallandlord1980 View Post
              The question is, how do I prove this?
              You don't.
              You're not Sherlock Holmes and it will never come to court.

              You have a property with no one living in it,
              previously known to have had drugs in it,
              with at least one set of keys in the possession of a violent criminal,
              and its whereabouts known by his "associates".

              Get possession back, change the locks, and start the process of re-renting it.
              That's your absolute priority; worry about the rest later.

              Either swallow the cost of the door or claim it on your insurance.
              I'd guess your chance of recovering the other money (in lieu of rent etc) is pretty close to zero unless you're remarkably lucky.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                jpkeates - Thank you, my thoughts exactly. Its just a shame we can't administer our own "justice" in these matters......

                Comment


                  #9
                  Originally posted by accidentallandlord1980 View Post
                  .... Its just a shame we can't administer our own "justice" in these matters......
                  Oh you can (as in you can drive down the M4 @ 123mph..). But there may be unpleasant court action later - by tenant or worse (criminal case..)
                  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


                    #10
                    OP mentions deposit provided by b/f g'mother to T.
                    Was that fully protected within 30 days of receipt?
                    Otherwse OPs losses could rise significantly.

                    Comment

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