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peter_y_wang
23-03-2009, 05:26 AM
Any one knows if the landlord still needs to write to the tenant to terminate the contract after the tenant suddenly moved out without giving any notice or even inform the landlord? If does need to write to the tenant, what is the layout of this letter (any example?).

Thanks
Peter

peter_y_wang
23-03-2009, 10:15 AM
OK, here is more. The tenant lived in the premises (in London) for 5 months and never paid the rent. when they suddenly moved out they took half of my furniture away and also leave one bed room completely destroyed (see the attached pictures).

I want to follow the procedure of absconding tenant, however it says in the legal system that the first step, I have to terminate the contract by writing. Do I need to write a letter to the ex-tenant (since they already moved out without a notice)?

Please advice.
Peter

jeffrey
23-03-2009, 11:12 AM
Why did you let five months' rent arrears accumulate? What sort of management is that?

peter_y_wang
23-03-2009, 11:30 AM
Yes, it was a bad management by a house agency that I trusted. I finally terminated their management in the fourth months.

Now It seams I did a right thing.

Peter

peter_y_wang
23-03-2009, 13:46 PM
Do I still need to send a letter to the ex-tenant in order to terminate the contract correctly?

Peter

mind the gap
23-03-2009, 14:54 PM
Do I still need to send a letter to the ex-tenant in order to terminate the contract correctly?

Peter

The rent arrears and the property you allege he has stolen, are technically a separate issue from whether the tenant can be deemed to have ended the tenancy or not.

In the circumstances you describe it does look very much as if the tenant (a) has vacated and (b) does not intend to return, however, technically the tenancy still stands and you should either:

(i) give notice by serving a section 8, grounds 8,10 and 11. This means that you can apply for a possession order 14 days after serving it.
(ii) contact the tenant and agree a formal surrender, preferably by deed, before going nin there, changing locks, and re-letting. You cannot just 'send him a letter' ending his tenancy without due notice being served.

If you do not do one of these two things, theoretically the T could come back and accuse you of illegally evicting him (unlikely as it may seem - it does happen). Then you will have to prove in court that the tenant had by operation of law surrendered the tenancy. It would probably be less stressful to avoid that.

Why on earth did he want that wallpaper?

Bel
23-03-2009, 23:30 PM
See http://www.landlordzone.co.uk/forums/showthread.php?t=17487

peter_y_wang
24-03-2009, 15:08 PM
I called the tenant after 2 days the tenant left. They told me they moved out permanently and will not return (this is only way to contact them). It's already 14 days passed by now, is it too late to issue a c21 notice?

Can I assume that the 14 days has passed? therefore I can send them a letter to terminate the contract.

Regards,
Peter

Paul Gibbs
24-03-2009, 15:14 PM
Do you have their current address? It might be worth trying to get a deed of surrender signed, or get them to return the keys and confirm they end the tenancy on that date.

Then sue them for damages and rent arrears, and also consider action against the agents.

peter_y_wang
26-03-2009, 12:38 PM
Yes, after 3 days I call the tenant, he came to meet the house agent and return all the original keys back.

Thanks for the suggestions. I now know what to do. I have just got the Email address from the tenant and asked him to confirm the date when they moved out which was two and half weeks ago. I just got the confirmation Email back today.

I'm starting to gain confidence back following step of your suggestions. Thank you very much.

Peter

Paul_f
26-03-2009, 15:15 PM
If you think that was bad look at this!

mind the gap
26-03-2009, 15:44 PM
If you think that was bad look at this!

You should be ashamed of yourself, Paul.

agent46
26-03-2009, 16:02 PM
You should be ashamed of yourself, Paul.


I know. Those are bottles of Australian wine for goodness sake!

Poppy
26-03-2009, 16:12 PM
Hope you took meter readings peter y wang. Have you now transferred utilities into your name?

Cor blimey! How bad was the pong?

jeffrey
26-03-2009, 16:14 PM
If you think that was bad look at this!
Must have been in a supermarket and interpreted 'bogof' too literally.

Paul_f
27-03-2009, 07:54 AM
Did you notice the "Febreze" under the table which amused me somewhat!