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Harper's Ash
24-02-2010, 20:42 PM
Hello All.

I served s8 to tenants due to no rent payment.
Tenant has vacated but 2 shirts remain in his room and some bedding in the lounge. He has not handed in his key.

I have however, recorded a phone conversation between us during which he tells me that he has moved out.

Can I now remove his items from the property, change the locks and re-rent the room?

Any help greatly appreciated as this area seems to be slightly grey.

Thanks


Ps. Can I now keep his deposit? It's with the DPS, do I need proof that hen has unpaid rent?

jeffrey
25-02-2010, 10:55 AM
Do LZ search for 'Abandonment'.

westminster
25-02-2010, 13:47 PM
Ps. Can I now keep his deposit? It's with the DPS, do I need proof that hen has unpaid rent?

See
https://www.depositprotection.com/public/documentlibrary/processdocuments.aspx

Click on 'The DPS Single Claim Process'

Harper's Ash
25-02-2010, 14:39 PM
Thanks.

Jeffery, I've looked at the issues with abandonment. Thanks for the link.

In my case though, I have a recording of myself and the tenant, he tells me twice in the conversation that he has moved out. So can I now assume vacant possession of his room despite several items in the property?

Thanks

jeffrey
25-02-2010, 15:05 PM
Thanks.

JeffREy, I've looked at the issues with abandonment. Thanks for the link.

In my case though, I have a recording of myself and the tenant, he tells me twice in the conversation that he has moved out. So can I now assume vacant possession of his room despite several items in the property?
Nothing in writing?

Harper's Ash
25-02-2010, 16:07 PM
No nothing in writing, just the recording.

I don't think the tenant intends to go further, but if it ends up in court will a recording of of T saying he's moved out not be sufficient?

westminster
25-02-2010, 19:41 PM
No nothing in writing, just the recording.

I don't think the tenant intends to go further, but if it ends up in court will a recording of of T saying he's moved out not be sufficient?
How will you prove it's his voice?

Harper's Ash
25-02-2010, 20:07 PM
Good point. I can't

But the recording happens to be exactly the same length as the phone call to his number on the bill.

But if I had it in writing that he's moved out, who's to say it's from from him, I know what his signature looks like from the contract. I could forge it.

There must be some line of 'reasonability' in court?