After 2 months notice, he hasn't signed

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  • After 2 months notice, he hasn't signed

    Hi all I hope someone can help me.
    I got call from council saying that my tenant say's he's homeless.
    Which in fact he hadnt given me notice of any kind.
    He was on 6 month short assured tenancy that rolls over to monthly.
    He has been in property for 10 months 2 of which no rent was paid.
    I wrote to him about rent arrears and no contact was made, he doesn't take my calls either. I then sent another letter giving him two months notice to vacate the property. No contact was made by him. After one month into his notice, I sent another letter stating that since he had made no contact with me, I would be doing a saftey inspection giving him a date and time I would be round and that I would let myself in, in his absence if he hadnt arranged an alternative date/time. On this visit I realized he had infact moved out, leaving behind 4 dozen bin bags with kitchen waste in shed. Some bedside furniture etc. It is now end of notice period and my letters are still there unopened and unsigned. Can I now relet my property? If so what do I do with his belongings? Council wont give me his forwarding address, or pass anything on to him from me.
    Can anyone help me please?

  • #2
    Originally posted by 1st timer View Post
    Hi all I hope someone can help me.
    I got call from council saying that my tenant say's he's homeless.
    Which in fact he hadnt given me notice of any kind.
    He was on 6 month short assured tenancy that rolls over to monthly.
    He has been in property for 10 months 2 of which no rent was paid.
    I wrote to him about rent arrears and no contact was made, he doesn't take my calls either. I then sent another letter giving him two months notice to vacate the property. No contact was made by him. After one month into his notice, I sent another letter stating that since he had made no contact with me, I would be doing a saftey inspection giving him a date and time I would be round and that I would let myself in, in his absence if he hadnt arranged an alternative date/time. On this visit I realized he had infact moved out, leaving behind 4 dozen bin bags with kitchen waste in shed. Some bedside furniture etc. It is now end of notice period and my letters are still there unopened and unsigned. Can I now relet my property? If so what do I do with his belongings? Council wont give me his forwarding address, or pass anything on to him from me.
    Can anyone help me please?
    At the very least I'd formally write to the Council (with Proof of Posting etc) stating that your tenant's claim of homelessness was a lie.

    Two reasons for that:

    1 - A corollary of the claim may be a claim that you *made* him homeless, which could be used as a contemporaneous account in subsequent legal actions etc, and needs to be refuted.
    2 - That there may be a fraudulent claim involved if he was only "homeless" of his own accord.

    On the repossession, others are better placed to advise, as it is Scottish Law.

    ML
    Refer Mad Regulators to Arkell vs Pressdram.

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