Tenant admits to having left property keeps promising key back but says still got stuff in property where do I stand
are they still within their contract/lease ?
If you have in writing they have left . That’s evidence of abandonment.
If not record the conversation.
Regarding your contract read what is says regarding disposing of chattels.
You dispose of it according to what the contract says. Otherwise itemise inventory and store. ( you may want to use a body cam)
If the tenant has left you could write to him stating that under the Distress for Rent Act of 1737 you can charge double rent daily as it appears he has not left as his belongings are on site.
If he’s at risk of double rent he’ll probably confirm in writing that he has left.
Then you can change the locks and dispose of belongings according to T and C of contract.
The council have a tenant liaison officer who can help but in this situation with his belongings in situ they may favour the tenant.
No they are not I have it in a message that she living with her cousin and she told council she had left on 25th September although she denies that . Just said she still needed to get stuff out but seems to be continuously stalling and making excuses for why she hasn’t cleared property. Husband wants to drill out locks and change them but I’m worried Iay end up in court
Do you have in writing she left 25th sept,? Have you been paying council tax since then? Has she paid rent up to now?
No I don’t it’s what she told council and they wrote to me giving me 6months council tax for free. Which point I rang her she said she wanted to leave and was staying with her cousin but needed to clear house she had a skip which she filled then claimed she needed to get garden clear etc and collect last remaining possessions now she says she needs to check everything gone when she has time she did put in writing that she was emptying property and confirmed I could have keys yesterday they apparently changed locks so my keys won’t work . She hasn’t paid council tax or rent . Rent has been an ongoing saga
read the stuff about abandonment above. You have to be very careful . I would let the council know the keys have not been returned , She is still tax liable and your 6 month free needs to be "pushed forward " so you benefit later. This is probably the best you can do to stitch her up. You have to look after her possessions Sadly . I would threaten with a ccj if she does not clear out, return keys and write a letter to concede she has left. A CCJ will screw her for a long time . Gets your own back on them
Read it seems very long winded process I have a message from her which I kept saying that this is living at cousins address and she would hand keys over twice she’s given a date and comes up with excuses for why she didn’t keep appointment I’m afraid she and truth are not friends at all we need to get in a it needs gas cert and b we need to check a roof issue c I have no idea what else is wrong with property
If she has alleged to the council she has left and she has not left she is actually subject to the Distress for Rent Act of 1737.
YOU CAN CHARGE DOUBLE RENT FOR EVERY DAY SHE HAS STAYED BEYOND THAT DATE OF SEPTEMBER
Make sure you are firm with her and tell her you will go to court for double rent.
I would take legal advice so it is all in order. David Smith of JMW is reputable or speak to the NRLA.
Let the council know she is still in possession of the property and as @Colin3 says pass the council tax on to her. You don’t want to be paying her council tax and not getting rent.
DO NOT CHANGE LOCKS if you are doing this without legal advice and following the notice of abandonment.
Your other argument is she has notified the council of departure. That is your evidence of abandonment so you can change the locks and treat it as an abandoned property.
Take legal council about which is your best option.
Moving out doesn’t end her tenancy and keeping the keys doesn’t help your case that she has abandoned it. It would be risky to take the property back without reasonable evidence. I would try to get her to put something in writing. A text or email to say she has left and won’t be returning to live there would help. The Council Tax is also good evidence. What you need to avoid is thd tenant later claiming you illegally evicted her and trying to sue you.
I have a note from her saying van Thursday 11th march and I could collect keys from her Friday 12th . This is not the first time she has come up with an excuse . But I guess I’ll be in the wrong whatever I do
Maybe one day she will tell the truth and you will faint
You now have evidence to give to the council to bill her. So get her back on the council tax bill list and now charge double rent.
I doubt she knows the truth . She claimed UC but they wouldn’t pay and took her to court I suspect judging by partners Facebook he was back within 2months so I suspect that had something to do with it her story is different but I haven’t had any rent now for well over a year crazy .
She didn’t pay single rent
do you know where she has gone ?
i think its time for a section 21 and 8!
Apparently she is living in her cousins house but I suspect that the road she gave me is cousins previous address but it’s a council house and she hopes to stay there .
I think your probably right but I need to get in gas cert overdue and roof is sagging (common problem easy to rectify if we can get in ) but I can’t
I have not had a tenant who left stuff in a flat for a long time. but I have gone in when a person has left. Removed the furniture and put it outside their house after 30 days when i knew where they had moved to, and just changed the lock . I had no comebacks. I think they were shocked when I found them