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View Full Version : L regaining possession- how to show abandonment by T?



tubbs
09-02-2009, 13:00 PM
meant to include this iis my other post ppl!

if i suggest that the T can leave the property now, i keep the deposit but they are not repsonsible for the remainder of the contract/rent. what exactly do i need from the T in terms of proof of surrender/termination of the contract so i can re let the property straight away?

thoughts/comments apppreciated

PaulF
09-02-2009, 14:37 PM
Landlord & Tenant can mutually agree to the surrender of the tenancy and you can just draw up a letter that you both sign, and you keep the original and give the tenant a copy. I'm sure that you can word it sufficiently to the satisfaction of you both.

tubbs
09-02-2009, 15:11 PM
Landlord & Tenant can mutually agree to the surrender of the tenancy and you can just draw up a letter that you both sign, and you keep the original and give the tenant a copy. I'm sure that you can word it sufficiently to the satisfaction of you both.

ok thanks, then i assume i can re let asap, basically the existing AST is no longer standing? would the agent normally send me the T's deposit for the owed rent then or would the T have to agree, i.e could they move out after signing this agreement then say they want the deposit back

tubbs
02-07-2009, 16:16 PM
hi ppl

came across this post from preston, takne from: http://www.landlordzone.co.uk/forums/showthread.php?t=17487

"c) the tenant, by their actions, has offered to surrender the tenancy. The tenancy will continue unless you accept the surrender, usually by entering into possession.

The evidence for (c) is fairly common sense kind of things like, are their belongings still in the property, what have they told you about their intentions, do any of the neighbours have any relevant information, where does their mail get sent to, are they still paying their rent, etc. If there is sufficient evidence, you can enter into possession and as soon as you do, the tenancy ends (provided your assessment that the tenant has offered a surrender is correct).

You can indeed strengthen your case by placing a notice on the door stating that you intend to enter into possession within a reasonable period of time - you have suggested seven days in your post. You might strengthen your positin even further by issuing a notice to quit, since the "test" of failing occupy as an only or principal home is easier to fulfil than one of giving up possession entirely.

So, in summary, my advice is to enter into possession if the evidence of surrender is strong. If the evidence is uncertain, serve a notice to quit along with a letter stating that you intend to enter into possession once the notice has expired. Reassess the situation at that point."

I have been told by the agent to put a 7 day notice on door, but reading this i think i have a case, the T has texted me saying the keys are through the letter box, the house is completely empty apart from a tv stand, no rent is being paid (actually rent is outstanding anyway), and also have other text msg from the past 2 weeks saying she was hoping to move out sunday etc. what i dont have is anything in writing, although i am trying to get this i very much doubt its the case. therefore...... can i assume that the T had surendered and when Preston says "you accept the surrender, usually by entering into possession", does this just mean that i enter and re-assume control of the property and re let etc. does the evidence of surender mean a 7 day notice is needed as i'm not keen on advertising the fact the property is empty, or should i still do it, knowing that the T will not come back, and then take control after 7 days? hopefully to re let straight away, and taking the risk that at no point in the future the T claims illegal eviction, which is only in the minority i'm guessing.

thanks

Bel
02-07-2009, 22:30 PM
It seems you have good cause to think the property is surrendered/abandoned.

You could put a notice inside the property.

I would go in and see if the key is there where they said. That would be a good sign

Knock first.

tubbs
03-07-2009, 13:17 PM
It seems you have good cause to think the property is surrendered/abandoned.

You could put a notice inside the property.

I would go in and see if the key is there where they said. That would be a good sign

Knock first.

omg! (sorry is that text speak :p) What a can of worms I've opened here! I can't seem to see an edit button to make the changes you desire, can't see the wood for the trees kind of moment.

Anyway back to the topic, thanks for the reply bel, the keys are where the T said, they have indeed been dropped through the letterbox and all furniture has gone. I will place a 7 day notice either inside or on the door, if after 7 days have passed and i have not heard i will assume posession based on Prestons point in his post.

I very much doubt I will get anything signed by the T so will use this "abandoned by their actions" ploy as to the reason why I have entered and made plans re let the property. Am I right in thinking I will only have a problem if the T comes back in the future claiming illegal eviction, and unless they do so I'll never have a problem?

Had a search for an example 7 day notice form, are there any on the site?

thanks

Moderator1
03-07-2009, 15:32 PM
Intervening posts concerning usage and abusage of full stops have been moved to http://www.landlordzone.co.uk/forums/showthread.php?t=20322.

Preston
03-07-2009, 20:25 PM
Hi

Yes, the risk is that the tenant returns claiming that you have illegally evicted.

If you choose to leave a notice, but do not want to pin it to the front door (the usual method in these circumstances) do make sure that you leave it in a very prominent position and that you keep evidence of this.

I agree with Bel that, on the face of it, you seem to have a strong case.

tubbs
06-07-2009, 08:41 AM
Hi

Yes, the risk is that the tenant returns claiming that you have illegally evicted.

If you choose to leave a notice, but do not want to pin it to the front door (the usual method in these circumstances) do make sure that you leave it in a very prominent position and that you keep evidence of this.

I agree with Bel that, on the face of it, you seem to have a strong case.

thanks,

does this merely serve as good reason for me to enter premises or more importantly would this become my defence in court should the T return and cliam illegal eviction, so I could fight this claiming they had surendered?

forgot to ask does this notice need to be anything specific or just me saying that if no reply in 7 days i assume you have abandoned the property?

tubbs
14-12-2009, 12:10 PM
hi ppl, some help appreciated with an on going issue.

background, a lost AST was due to run out 1st dec, both T's had verbally said they were moving out at the end, one has actually lived elsewhere for several weeks, the other who is behind with rent has been cleaning the property and getting rid of the stuff. however we're now 2 weeks on from the end of the AST and the remaining T has still not handed me the keys, the flat is now empty apart from a microwave in the lounge, several bin bags and signs of cleaning gone on over the last 2 weeks in srips an drabs, the yard is full of black bags, dismantled bed frame, i cannot see in the kitchen but i imagine its the same. the T has been getting the place ready for me i.e. as their found it but this is just dragging on and on, all the time its costing me money.

whats the correct procedure here, abandonment notice for 7 days or as the T's verbally said they were leaving, i may have a msg on my phone from one of them saying 'i vertainly wont be renewing the lease' can i just re enter and change the locks, as there are 2 sets of keys that i dont have? or at least just enter and start the re letting procedure, lick of paint etc. i dont want to issue an s21/s8 as i feel an abandonment notice is ok but can i just re enter as verbal notice was given and the flat is empty? i dont want to really put the notice on the outside for obvious reasons so will i be ok to enter and put the notice inside somewhere?

tubbs
14-12-2009, 14:22 PM
hi

is this okay as notice of abandonment, found an example somewhere, only thing part 4 mentions to contact to regain possession where part indicates that locks arent changed yet. also are the days mentioned sufficient, and lastly the property is empty should i mention this in part 1 together with the lack of activity?

i intend to attach to internal doors of the property one at the front and one at the back, these would be in places that must be seen, as i dont want to draw the attention to anybody that the flat is empty for obvious reasons.

thanks

-------------------------------------

NOTICE OF ABANDONMENT


NOTICE IS HEREBY GIVEN that ___________________ is hereby abandoned as of ___________. We are taking this action for the following reasons:

1 There has been a lack of activity in and about these premises indicating that you have abandoned the premises.

2 You have five (5) days from this notice in which to notify the owner that you have, in fact, not abandoned the premises.

3 If not notified within five (5) days from the date of this notice, the owner will take any action necessary to retake the premises, including changing door locks, taking an inventory of any belongings left in the unit and placing them in storage for ten (10) days at which time they will be disposed of or sold.

4 Please call _____________ for the information to regain entry to and possession of the property.



DATED:


BY:

Telometer
14-12-2009, 17:29 PM
I think you should make certain you give 24 hours' notice of your intention to enter the property for a maintenance inspection, otherwise hyou are denying your T his right to quiet enjoyment.

I don't think you can dispose of property after only ten days. http://www.landlordzone.co.uk/uncollected_goods.htm