View Full Version : Evicted tenants possessions still in property
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?
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