Tenant left not gave keys back

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  • Wright76
    replied
    What appalling behaviour!

    She could have claimed for both properties but her actions suggest she isn't going to attempt to claim and will simply leave you in the lurch.

    I would advise her to give you written notice to quit ending in a rental period (which will probably take until the end of February) or accept surrender, but with no term or liability attached that removed her liability to pay rent at least to end of January.

    if you have accepted the keys back and began any work in the property it could be argued you have accepted her implied surrender.

    Regardless however, if she moved out mid term she's liable for rent for the full month.

    Did she pay a deposit you can claim from?

    Leave a comment:


  • StuartH
    replied
    Originally posted by philip cooper
    She told me on 3rd of Jan she has a new house. I said thanks for letting me know. Would this be accepted as a surrender ...
    Almost certainly not, but where are you in the tenancy cycle? Is there a fixed term, or is the tenancy periodic? She almost certainly hasn't given you proper NTQ, and she hasn't given you vacant possession. Has she intimated that she will return for the rest of her stuff and then return keys? If so: you are free to accept her surrender at that point if you want to; but otherwise you may be entitled to treat her as having abandoned the tenancy (and the balance of her goods), but not without some risk.

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  • Mrs Mug
    replied
    Originally posted by philip cooper View Post
    her notice is 2 months.
    Please answer the questions in the link below with exact dates.

    http://www.landlordzone.co.uk/forums...ll-new-posters

    Leave a comment:


  • philip cooper
    replied
    Wright76,

    Dual payment, I have had this before of previous tenant.

    She told me on 3rd of Jan she has a new house. I said thanks for letting me know. Would this be accepted as a surrender as I had no choice as she already took other house on 22nd December ?

    Leave a comment:


  • philip cooper
    replied
    Originally posted by StuartH View Post
    It isn't illegal to have multiple tenancies, but T can't qualify for HB on more than one, and only one tenancy can be an AST. Do you consider the tenancy of your own property at an end?
    I do not know. She took another property which I found out on Facebook on 22 December, then messaged me on 3rd Jan saying she will be leaving by 16th Jan. She paid me till 30th jan. However her notice is 2 months. But in these situation you just want your property back.

    Leave a comment:


  • StuartH
    replied
    Originally posted by Wright76 View Post
    I would allow her 14 days from when she left before advising her you will dispose of her property
    I'd rather give 14 days notice that I'm going to dispose of it!

    Leave a comment:


  • Wright76
    replied
    There are infact circumstances where a tenant can be paid housing benefit for two properties at the beginning of a tenancy, and it usually occurs when they are in notice period for one and updating the new one to reside in.

    It won't help you if she has told them she left before she did.

    What notice where you given or when did you accept surrender?

    I would allow her 14 days from when she left before advising her you will dispose of her property

    Leave a comment:


  • AlanBailey
    replied
    We have had a similar situation in the past
    Is HB paid directly to you by the council or to the tenant
    In our case the council paid the new LL from start of new tenancy and we lost out
    Do you employ a letting agent ? Up our way fees are around £40 per month per property , money we'll spent especially when dealing with the challenging HB market

    Leave a comment:


  • StuartH
    replied
    It isn't illegal to have multiple tenancies, but T can't qualify for HB on more than one, and only one tenancy can be an AST. Do you consider the tenancy of your own property at an end?

    Leave a comment:


  • philip cooper
    started a topic Tenant left not gave keys back

    Tenant left not gave keys back

    I have a tenant who is on HB who has had another house since December 22 2016, She was staying in mine while painting her other house but has now left on 16th Jan to other house. She has left belongings in mine and is saying she is going to get them but I do not know when. She has paid till the 30th December but has then rang the council on the 16th Jan saying she left on 22nd December. ? Can a HB tenant be legally in possession of two properties ?

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