Tennets stuff left behind

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  • Wright76
    replied
    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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  • jpkeates
    replied
    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.

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  • zippy3
    replied
    yes it was not protected correctly initially, mix up with the agents when they first moved in 2012

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  • theartfullodger
    replied
    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... )

    Leave a comment:


  • JK0
    replied
    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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  • zippy3
    replied
    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..

    Leave a comment:


  • Berlingogirl
    replied
    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.

    Leave a comment:


  • StuartH
    replied
    Originally posted by mariner View Post
    Explain! AFAIK even HCEO Bailiffs now have to provide min 7 days Notice for Repo only evictions.
    Notice of the application to seek permission to issue a writ of possession is required, (although I can't find any rule that says what the minimum notice period is). I had a writ issued last Tuesday, which HCEOs enforced last Wednesday - next day.

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  • mariner
    replied
    Originally posted by StuartH View Post
    For execution against goods, yes, for evictions, no.
    Explain! AFAIK even HCEO Bailiffs now have to provide min 7 days Notice for Repo only evictions.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by jjlandlord View Post
    Of course it is an issue in reality.

    What would you do if your TV, etc. disappeared?
    My first thought wouldn't be, "where did I leave my TV and who was responsible for it in my absence?"

    Leave a comment:


  • StuartH
    replied
    Originally posted by mariner View Post
    Now all Bailiffs have to provide 7 days Notice of any Eviction visit ...
    For execution against goods, yes, for evictions, no.

    Leave a comment:


  • jjlandlord
    replied
    Originally posted by jpkeates View Post
    I can see that this is a stressful issue, but is there any evidence of this being an issue in reality?
    Of course it is an issue in reality.

    What would you do if your TV, etc. disappeared?

    Leave a comment:


  • theartfullodger
    replied
    Originally posted by jpkeates View Post
    I can see that this is a stressful issue, but is there any evidence of this being an issue in reality?

    Has a tenant sued a landlord for compensation for the value of goods left behind that were simply thrown away?
    Yes, probably few such cases are reported but....

    Naveed v Raja, July 2007 ... Willesden County Court
    £27,000 common-law damages for assaulted assured shorthold tenant

    Mr Naveed AST tenant. ........ etc etc etc...

    HHJ Copley awarded £10,000 general damages, £15,000 aggravated and
    exemplary damages and £2,000 special damages for lost possessions.

    Leave a comment:


  • jpkeates
    replied
    I can see that this is a stressful issue, but is there any evidence of this being an issue in reality?

    Has a tenant sued a landlord for compensation for the value of goods left behind that were simply thrown away?

    Leave a comment:


  • jjlandlord
    replied
    Originally posted by mariner View Post
    Now all Bailiffs have to provide 7 days Notice of any Eviction visit, Ts should clear Property by date of visit and hopefully LLs will no longer be resp for storing Ts possessions.
    Makes no difference...

    Leave a comment:

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