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tenant left furniture

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Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    toddis wrote: »
    The PO was for the 12th and he left on the 9th. Maybe because he didn't want me to wave him goodbye when I collected the keys? - Or when he refused to move and you had to hire bailiffs?

    He could return to do the cleaning? That made me laugh! I don't think he cleaned since moving in!

    The point being that it wasn't your property at that point and you should not have risked it. For your own good.


    Had he returned and not gained access he could've caused you a very expensive headache
  • toddis
    toddis Posts: 64
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    Guest101 wrote: »
    The point being that it wasn't your property at that point and you should not have risked it. For your own good.


    Had he returned and not gained access he could've caused you a very expensive headache

    Even though he admitted he's vacated early? The PO stated that he needed to be left on or before the 12th
  • Guest101
    Guest101 Posts: 15,764 Forumite
    toddis wrote: »
    Even though he admitted he's vacated early? The PO stated that he needed to be left on or before the 12th



    Ok, here we go.


    1: just because an order says so, doesn't mean it will happen. You would have needed bailiffs to come to ensure that he had left. Or remove him.


    2: You seem to think that texts can only be sent by the owner of the phone. Do you not consider that it could be anyone, or he could claim it could've been anyone. - IE then claim you illegally evicted him?
  • DumbMuscle
    DumbMuscle Posts: 244 Forumite
    Guest101 wrote: »
    Ok, here we go.


    1: just because an order says so, doesn't mean it will happen. You would have needed bailiffs to come to ensure that he had left. Or remove him.


    2: You seem to think that texts can only be sent by the owner of the phone. Do you not consider that it could be anyone, or he could claim it could've been anyone. - IE then claim you illegally evicted him?

    2. The same is true of anything short of a phone call or notice in person - Indeed, any kind of written notice can be faked (if someone can send a text from your phone, then they can probably send an email, - and either of those can be spoofed fairly easily. Letters have *no* security whatsoever), and yet the world still functions. There's a reasonable presumption that a text from his number is actually from him, especially since he actually left the keys! (I presume the LL would have mentioned it if not)
  • Guest101
    Guest101 Posts: 15,764 Forumite
    DumbMuscle wrote: »
    2. The same is true of anything short of a phone call or notice in person - Indeed, any kind of written notice can be faked (if someone can send a text from your phone, then they can probably send an email, - and either of those can be spoofed fairly easily. Letters have *no* security whatsoever), and yet the world still functions. There's a reasonable presumption that a text from his number is actually from him, especially since he actually left the keys! (I presume the LL would have mentioned it if not)



    True, so we go to the contract..... Does the tenancy agreement provide for any service of notice via mobile telephone text messaging? - Its unlikely.


    So I'm not sure what reasonable assumption you claim to make, or the case law surrounding that? perhaps you'd be kind enough to share? or is it simply your opinion?


    - you see my advice is trying to protect the OP from a civil claim of £300 per day for illegal eviction.....
  • FBaby
    FBaby Posts: 18,367
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    He texted to say he was out and most importantly, he left the keys as he said he did in his text, quite a strong indication that he was indeed surrendering his lease and not intending to come back.
  • AdrianC
    AdrianC Posts: 42,189
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    OK, so the tenant owes you somewhere north of £5k.

    You can, I assume, document this fully - so the deposit can be claimed from the protection scheme anyway, whatever this text may or may not have said. Notice has now expired, and the possession date passed, so possession is with you legally.

    Lovely, an' all. But the real question here is what are your chances of ever seeing a penny of that money? Whether it's £5k or £6k or £9k is almost irrelevant. Document all the losses, submit a court claim, win a judgement... and... <fanfare turns into raspberry> then what?
  • toddis
    toddis Posts: 64
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    AdrianC wrote: »
    OK, so the tenant owes you somewhere north of £5k.

    You can, I assume, document this fully - so the deposit can be claimed from the protection scheme anyway, whatever this text may or may not have said. Notice has now expired, and the possession date passed, so possession is with you legally.

    Lovely, an' all. But the real question here is what are your chances of ever seeing a penny of that money? Whether it's £5k or £6k or £9k is almost irrelevant. Document all the losses, submit a court claim, win a judgement... and... <fanfare turns into raspberry> then what?

    Well....I've given him 2 CCJs, I have an N39 ready to serve and once I'm settled with a new tenant, I'll turn my attention to serving the N39 and will get him in court to answer a few questions. I'll see where he stands financially and take it from there.
  • AdrianC
    AdrianC Posts: 42,189
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    toddis wrote: »
    Well....I've given him 2 CCJs, I have an N39 ready to serve and once I'm settled with a new tenant, I'll turn my attention to serving the N39 and will get him in court to answer a few questions. I'll see where he stands financially and take it from there.
    Lovely, an' all.

    But - apart from a sense of satisfaction and a bigger legal bill - will that actually bring any money in?
  • toddis
    toddis Posts: 64
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    AdrianC wrote: »
    Lovely, an' all.

    But - apart from a sense of satisfaction and a bigger legal bill - will that actually bring any money in?

    Thats the $64 million dollar question...
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