Notice I gave tenants who were in arrears contained errors. Can I still sue for rent?

roundandround

My tenants ran off without paying a sizeable sum of rent. With the help of a P.I., I have their new address, and therefore I would like to sue them for the money they owe me.

But my worry is that the notice I served my tenants to regain possession of the property contained legal errors. Could this have any effect on my legal claim for the lost rent even though the tenants absconded before the date I gave them to leave?

G_M

The tenants left so the Notice is now not at issue.

If you wish to sue, you can. Do you have their deposit and is/was it proetected?

Jowo_2

Here's some general advice about how to deal with abandonment and the issues a landlord faces when possession is not clear.

http://www.landlordzone.co.uk/legal/abandonment.htm

Fire_Fox

If the tenant absconded I hope you either waited to enter the property until the notice to quit had expired OR you applied to the court for abandonment to enter the property early? Believing the tenant has surrendered the property is not the same as the tenant legally surrendering the property.

roundandround

I went to the property at the exact time the tenants and I agreed to meet to settle up the back rent they owed me and to accept the keys.

The first thing I noticed when I arrived at the building was that the keys had been dumped in the communal foyer and could have been picked up by anyone.

I was told later that the tenants were seen leaving with their suitcases and hoping into a taxi the day before.

Thanks everyone for taking the time to respond to my question.

Fire_Fox

roundandround wrote: »

I went to the property at the exact time the tenants and I agreed to meet to settle up the back rent they owed me and to accept the keys.

The first thing I noticed when I arrived at the building was that the keys had been dumped in the communal foyer and could have been picked up by anyone.

I was told later that the tenants were seen leaving with their suitcases and hoping into a taxi the day before.

Thanks everyone for taking the time to respond to my question.

That is not what I asked:
"If the tenant absconded I hope you either waited to enter the property until the notice to quit had expired OR you applied to the court for abandonment to enter the property early? Believing the tenant has surrendered the property is not the same as the tenant legally surrendering the property."

roundandround

Just to clarify I went to the property on the day that the notice expired (the day after their last official night of stay) and on the day that both the tenants and I had agreed.

I've been made aware by a neighbour that my tenants were seen absconding 2 days before I turned up to the property.

And just to answer a point raised by another member, the tenants were supposed to pay me a deposit but came up with an excuse to avoid paying on the day they moved in. I took it hook, line and sinker. But after this experience, I will never fall for that old chess nut again.

clutton_2

"""If the tenant absconded I hope you either waited to enter the property until the notice to quit had expired OR you applied to the court for abandonment to enter the property early? Believing the tenant has surrendered the property is not the same as the tenant legally surrendering the property."

FF - whilst i normally agree with your posts, i must put a different perspective on this one...

There is what the law says - and there is the sensible thing to do.....

i recently repossessed a property (after having gone to court with a successful Section 8 application + many other breaches) the day after the tenant moved out and without the Bailiff attending the property.. I would have had to wait 3 weeks for him to come... during which time the tenant would have trashed the place/ and/or burnt it down..

A few weeks earlier, was the first time i had ever decided to enter a property as an "emergency" as this tenant had left all the electric hobs on in the kitchen and there were severe risks of fire...... The cooker was underneath wooden beams and abutting wooden oak units...... The beams were too hot to touch once we got in.....

The smoke alarm was sitting on the kitchen window sill without a battery...... She had two children who were upstairs in bed as it happened......

Having these experiences of a tenant from hell, no landlord in their right mind would have waited 3 weeks for "due process" during which time neighours safety would have been endangered as well......

As the tenant also owed me a lot of money i decided that she was most unlikely to take action about "early surrender" issues....

Needless to say she has not taken any action......

And my property is intact.....

roundandround

That's an interesting point. During their stay, my tenants once left the gas on for several (luckily a window was open). After this event, I was constantly anxious that the tenants were unfit to live in my property.

But regarding legal action, I don't believe that my ex-tenants will take counter action because they won't want to spend money that they don't have.

I'm still left with that nagging doubt in my mind that given my notice did contain legal errors I might possibly lose my case.

clutton_2

notice for possession (S21) is usually a different process to S8s for rent arrears... if you are not sure, then join national landlords association and get their free legal helpline to go through the forms with you

joining fee tax deductible and you get a whole raft of useful information forms and advice on their website and local meetings... i would not be without it....

roundandround

I read the abandonment information on the link given to me by someone on here in this thread:

If the tenant appears to have abandoned the property, but you have no written confirmation, important points are:

Is the rent still being paid?
Has the tenant left the keys to the property?
Can you contact the tenant or a relative?
Do neighbours have any knowledge?
Can you see through the windows if the tenant's possessions are still in the accommodation?

In my case, the rent hadn't been paid for months, the tenants confirmed in writing that they would leave on a date I stipulated, and then a neighbour saw them absconding 2 days before that departure date, the keys were left in an envelope addressed to me outside the property. The flat was completely stripped bare of the tenants' possessions.