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View Full Version : Tenant flits after receiving section 8



rich hand
20-01-2009, 11:42 AM
He has also taken most of his belongings with him; can I re let the property immdeiately?

jeffrey
20-01-2009, 11:53 AM
He has also taken most of his belongings with him; can I re let the property immdeiately?
No, of course not, because his tenancy is still running (as is his liability to pay rent!)

rich hand
21-01-2009, 18:34 PM
So I would need to send in forms N5 and N119?

Paul Gibbs
22-01-2009, 07:59 AM
well it might be arguable there is a surrender but we need to know much more detail on how he left. E.g. did he contact you and say he was leaving and returned keys, or make any contact with agent?

if he has not made any contact with you there is the risk the tenancy still continues - this gives you 2 options.

1. Issue a claim and get possession.

2. It may be arguablet hat the T has surrendered by conduct - this is a quicker route to get possession but also has risks. You would claim he has (by his conduct) surrendered the tenancy and you accept this - you go in and change the locks. IF T returns (eg cannot get rehoused and advised to stay till evicted) then he may claim you have illegally evicted him. This will then be an issue for the court to decide.

Given T has left you may decide it is safer to issue a claim - he will not defend and you should get possession within say 2-3 months - if you want to take the riskier option you can re-let sooner but know you have the risk of a claim from T.

do you have a phone number for him?