Tenant left not gave keys back

[philip cooper]

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 ?

[StuartH]

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?

[AlanBailey]

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

[Wright76]

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

[StuartH]

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!

[philip cooper]

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.

[philip cooper]

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 ?

[Mrs Mug]

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

[StuartH]

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.

[Wright76]

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?

[philip cooper]

StuartH,

She is in periodic. She messaged me yesterday as I went by house to make sure it was ok, She then messaged saying her neighbour friend seen me and she has things in their and once their out she will give me keys back. If I take keys have I admitted surrender ? Property will need work to get it back let.

[philip cooper]

Wright76,

Got a small £250 deposit but this isnt gonna cover nothing as the police broke door down and she has decorated house grey.

[StuartH]

If she has paid rent to the end of the month, and offers the keys back to an empty property, I'd certainly accept her offer to surrender the tenancy. At the very least, get her to send you a text confirming that she IS surrendering the property, and ideally get her to sign a Deed of Surrender (good example in documents section of this site). If the tenancy turned statutory periodic after a fixed term, two months notice by the tenant won't be enforceable, anyway.

[philip cooper]

StuartH,

I think this may well be best, As I am not gonna get February rent and a DSS tenant to pay up. I can understand now why more LL will not accept DSS.

[philip cooper]

Decided to take a walk past my property as I its empty to check on it. I had gates on the side of house what are screwed shut. They dropped and needed new hinges. Tenant has just damaged them and unscrewed then to get stuff out patio and into front. Probably easier than going through front. There is dirty mattress left by gates. I walked past at 6.30 and gates was unscrewed stood up then at 8 they was on floor. Do no tknow if tenant has been back or someone else in back and know they can get trough. Garden looks a mess. I am worried kids are going to damaged property as they can just walk straight through back. Have I still got to wait and just potentially let my property get broken into .