Tennets stuff left behind

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    #16
    Your Ts have got plenty of time to remove all their stuff.

    See what your agreement says.

    You could write to your Ts reminding them of the part of the TA about leaving storing stuff after they've left. Look up a couple of local storage companies and quote their prices including removal and write to the T suggesting any items they can't move on or before they leave the property will need to be stored and they will be responsible for arranging items to be picked up and for storage costs. Any items left in the property or grounds after the T has left will be disposed of.

    You might have to be there at the eviction. I was. It's not very nice so take a book to read or something to do. Don't take it personally and try and be pleasant. I helped one T I evicted move by putting all his stuff in my van and moving it for him (I was so glad to get him out!).

    Edit: I find it helps if I pretend to myself that this is a thing I often have to do and it doesn't faze me one little tiny bit. And remember the Ts will be very stressed out.

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      #17
      thanks everyone for the input!! just another question.... tenants not paid rent for the last month , what can i do at this stage as tenents due to be evicted on 10th, used a accelerated section 21 to evict them initially?.. the deposit was returned before issuing the section 21 so i cant keep that..

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        #18
        Wait until you know all loss/repair/rent amounts, then sue in county court.

        However, why did you need to return the deposit? Was it because it was unprotected? Maybe best not to sue tenant in that case lest they counter sue for penalties.

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          #19
          Can't you wait till 11th Jan?? I only ask as my priority would be to get them out 1st, with as little fuss and argument, then after repossession going after the money.

          However, you have 2 options now, TODAY!

          a) Issue s8g10 for underpaid rent: they might get a shock, you could inform council of arrears (& copy of s8) so they don't have scarce council housing or advice resource wasted on them...
          b) Start small claims for outstanding rent. Probably won't get to court before Jan 10th

          However, I would get 'em out, assess any damage (bet there is some..), work out unpaid rent then use small claims for the lot:

          Don't like tenants who don't stick to contract: (nor agents ditto, nor landlords... )
          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
            yes it was not protected correctly initially, mix up with the agents when they first moved in 2012

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              #21
              Have you signed another tenancy agreement since or returned the deposit?

              You can't serve a valid s21 notice unless the deposit was protected properly.
              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).

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                #22
                I think OP said he returned deposit in order to issue section 21.

                I hate to say it but i would take the hit at losing your last months rent. Keep it documented so that If/when tenants pursues you for penalty you can offset the arrears against your penalty.

                If you take action against them now they are certain to counterclaim or begin a claim for the deposit penalty and it will cost you more than your lost rent.

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