Sort of abandonment and theft

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    #16
    Theft has to be an intention to "permanently deprive" you of something. If they are still your tenants (legally) they can claim they intended to return the items.
    Council tax benefits can only be paid on one property at a time (main home). If they are claiming for a new property council will expect you to pay. Hunker down for a long battle - I had a similar one and won, but only because I could prove tenant had not actually moved out when she said she had.
    Unshackled by the chains of idle vanity, A modest manatee, that's me

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      #17
      Think priority number 1 is end the tenancy - ideally with deed of surrender..

      Priority 2 - theft, if anything not returned (you don't know yet..) Do not much until surrender signed..

      Priority 3 Council tax etc etc: Do not much until surrender signed.

      In your shoes I would communicate, calmly & politely, by whatever means (txt, email, letter, voicemail...), that they remain liable for rent etc (don't specify etc but I mean Council tax..) until tenancy ended & would they like to sign a deed to end it all (ie give them a carrot). Get that sorted 1st, then worry about the rest.
      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...

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        #18
        Thanks islandgirl. The tenancy agreement states that the tenants are responsible for all utility bills, and the rent, until the tenancy is terminated.

        I will do as you suggest theartfuldodger and bide my time. Once the deed of surrender is signed, and they agree to the non-return of the deposit, then I will address other issues with them. As arranging to see them re-deed of surrender, I will not mention the inspection bit.

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          #19
          Lodger not dodger..

          The key with landlord/tenant matters & legal paperwork is... attention to detail!

          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...

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            #20
            "Think priority number 1 is end the tenancy - ideally with deed of surrender.." artful.

            Indeed, once T is legally terminated, you may enter without notice and conduct move-out inspection, noting any mssing/damaged property.
            You claim cost (less FW&T) from deposit, and any shortfall via SCC
            No real need to allege theft nor report to Police, unless you want to be vindictive.
            Expect a battle with Council over CTax. After T, LL iis next in line for liability (1st in line if property vacant).

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              #21
              They owe £600 rent, will be £750 tomorrow. Deposit is £500. I have a signed statement from tenant that rent arrears would be paid in full on 5 January 2015, obtained on 20 Decemer 2014.

              The goods purchased in August 2013.

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                #22
                Why would it be vindictive to report theft of items? It is theft.

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                  #23
                  Originally posted by Pandy1978 View Post
                  Thanks islandgirl. The tenancy agreement states that the tenants are responsible for all utility bills, and the rent, until the tenancy is terminated.

                  I will do as you suggest theartfuldodger and bide my time. Once the deed of surrender is signed, and they agree to the non-return of the deposit, then I will address other issues with them. As arranging to see them re-deed of surrender, I will not mention the inspection bit.
                  My agreement says the same. It will not matter to your council!
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

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                    #24
                    Bummer, all I needed

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