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***DK***
06-09-2010, 08:33 AM
Hi,
had a bit of a saga at the weekend with a tenant in my student let, just wanted to hear people's thoughts.

Situation is this.
Tenant signed a 1 year contract with 2 other students at the same time in 2009 1st Sept. One tenant isnt renewing her contract, hadnt informed me personally, found this out through one of the other tenants. They are all cypriot so went back to cyprus during the uni summer break.

Tenancy ran out on the 1st Sept, a new tenant signed to start on the 1st Sept. I emailed the old tenant to inform her of the moving out process. eg. move out by end of Oct, clean room and put back to state you found it in etc etc.

A week into Sept and the new tenant informs me the old one hasnt moved her stuff out yet. He's not too bothered but clearly would like to go into the room that he's now paying for. Also the room is pretty disgusting, not been cleaned probably in the whole year.

In order to clean the room and still with no contact from the old tenant (i also left 2 messages on her mobile) I went at the weekend and moved her things into bags, stored these in the lounge as the other tenant was ok with that, and cleaned the room in order for him to move in.

Finally the phone rings while I am doing this and the old tenant is complaining that I am touching her things (one of the other tenants had finally got hold of her in Cyprus). She has not paid any new rent for Sept, has no new contract for the new term.

Is this all ok? I understand she is coming to get her things this week sometime once she flys back to the uk. I feel that
1) I have clearly explained the moving out procedure, which she has not performed by the 1st Sept.
2) Contract asks by the end of the Tenancy to clean the room and put back to original order.
3) I should be able to charge her for me having to clean the room.

thanks for your responses

theartfullodger
06-09-2010, 10:34 AM
Tenancy ran out on the 1st Sept, - so you issued S21 (or similar) then got a court order for possession then bailiffs took possession?? If not the old tenancy still continues: They have left their stuff indicating they think it still continues.. putting in new tenants will be seen as Illegal eviction when it gets to court...

Try bribing old tenants to surrender tenancy


Also see..
http://www.landlordzone.co.uk/uncollected_goods.htm

Forget charging her for cleaning (for the moment) - you may have a much bigger problem...

westminster
06-09-2010, 10:48 AM
Situation is this.
Tenant signed a 1 year contract with 2 other students at the same time in 2009 1st Sept. One tenant isnt renewing her contract, hadnt informed me personally, found this out through one of the other tenants. They are all cypriot so went back to cyprus during the uni summer break.

Tenancy ran out on the 1st Sept, a new tenant signed to start on the 1st Sept. I emailed the old tenant to inform her of the moving out process. eg. move out by end of Oct, clean room and put back to state you found it in etc etc.

I assume we are talking about an assured shorthold tenancy in England/Wales, non resident-landlord?

Assured shorthold tenancies don't just 'run out', they have to be ended. Otherwise, a statutory periodic tenancy will arise after the fixed term expires, if the T remains in occupation, and no renewal contract is signed.

Does the 'old' tenant have an individual tenancy for a room in a shared house, or did she sign a joint tenancy contract with the two other students?

It is possible that you have illegally evicted the 'old' tenant.

***DK***
06-09-2010, 11:16 AM
Hi,
Thanks for the replies,
It is assured shorthold tenancy in England/Wales. One contract, 3 people on the same.
The two other tenants contacted me on the 13th Aug to say that the 3rd was not renewing and therefore they have found a new person for which all three have now signed a new contract. The third has told me that she is moving out this week.


I dont doubt that she is moving out as she has informed me that she is moving out this week.

Does the notice from the other tenants that she is not renewing and the fact they found a new tenant and the fact that she has told me she is moving out amount to the tenancy ending?

Snorkerz
06-09-2010, 13:27 PM
If you have notice in writing from one of the other joint tenants that they wish to end the tenancy on date X, then that is okay. You still have to protect the ex-tenants items though, as per the abandonment link given previously.