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Possession order or abandonment notice?

2»

Comments

  • RAS
    RAS Posts: 36,144 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    docmaggiemay wrote: »
    Just had a thought. The fixed term 12 month tenancy came to an end on 2 sept. I asked the estate agents to serve the section 8 on 1 sept, they did so dated 3 sept in case he didn't leave/pay.

    I think my neighbour (who is reliable, has a very good memory and would give me a statement to this effect) said that the van he saw with his posessions being loaded was there on 2 sept, ie the last day of his tenancy. Would this help my case that he has left, at all?


    Please the basic law means that the tenant can leave at the end of an AST giving no notice. Not required by law.
    If you've have not made a mistake, you've made nothing
  • docmaggiemay
    docmaggiemay Posts: 38 Forumite
    edited 24 September 2010 at 8:17PM
    Quite, he requires no notice. And if he left on that day, the tenancy would end automatically. So if he left on the last day of his tenancy it would be additional evidence for me to assume he had indeed just vacated the property wouldn't it? Even if he didn't leave the keys.



    I know a court order might only cost 150, but it's the time to get that order which is going to be 8 weeks, a day off work which will potentially cost me more, and then I have to start doing the work to make the property rentable. By which time it's Christmas and noone will he looking for rental properties anyway... It's a big hassle.

    I have actually spoken to 3 different law firms today, all of whom told me this was the best approach. I'm definitely tempted.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    some of the advice you have been given on here is from folks who are not landlords... who think they would do everything by the book if they were..

    practically.. no one who owes you this much money is going to show their face every again..

    practically... tenant moved out on the last date of a Fixed term

    practically.. there are virtually no personal possession left in the property

    practically.. neighbours saw him moving out


    you have a powerful argument for court IF he ever returns..

    you are right.. if you dont take control now - you will be rentless till February......

    maybe the "landlord-bashers" on this site would like to open a fighting fund for you to help you pay the mortgage for the next 5 months.....

    people who are not in business for themselves... see things very differently....

    feel free to PM me

    good luck
  • tbs624
    tbs624 Posts: 10,816 Forumite
    edited 25 September 2010 at 11:54AM
    clutton wrote: »
    some of the advice you have been given on here is from folks who are not landlords... who think they would do everything by the book if they were...............

    maybe the "landlord-bashers" on this site would like to open a fighting fund for you to help you pay the mortgage for the next 5 months.....

    people who are not in business for themselves... see things very differently....
    Many posters will respond to the threads on here, with equally valid suggestions that offer a different angle. It's not personal when it doesn't align with suggestions made by others.

    I'm not sure why Clutton seems to find it hard when people see things differently from her or why she continues to make mere statements of opinion about other posters.

    When you do not personally know the other posters it's foolish to make guesses about who or what they are/do or what their own experiences are and then post your guess as fact.

    The bottom line is that it is not a competition.

    The OP may choose which information s/he wishes to use and tread his/her own path. Most people don't seem to have a problem with that.........

    It does however smack of desperation to keep slating other posters as "hysterical", "LL bashers" and so on: it's becoming tedious.

    Let's hope that someone gives Clutton one of these:grouphug: and puts a smile on her face

    Good luck to the OP, whichever route s/he takes.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    I know what I'd do in the OP's place: assume that the tenant did indeed vacate on the last day of the fixed-term and will not be returning. I'd ask the neighbours for a written statement confirming the date the tenant was seen moving their belongings if I thought there was any likelihood of them coming back to haunt them. Which I firmly believe they will not and therefore spend my time and energy on getting the property back into a rentable condition asap
  • neverdespairgirl
    neverdespairgirl Posts: 16,501 Forumite
    clutton wrote: »
    maybe the "landlord-bashers" on this site would like to open a fighting fund for you to help you pay the mortgage for the next 5 months.....

    people who are not in business for themselves... see things very differently....

    feel free to PM me

    good luck

    The advice quoted was from Tessa S, hardly a landlord basher, to be fair to the woman!
    ...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.
  • docmaggiemay
    docmaggiemay Posts: 38 Forumite
    Is TBS624 tessa shepperson?
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    i was not referring to Tessa......
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    ""Is TBS624 tessa shepperson? "" - hush your marf you young doc..... - Tessa would be well insulted at that !!!
  • docmaggiemay
    docmaggiemay Posts: 38 Forumite
    It all got a bit confused with quotes within quotes and not sure who is who and who was referring to who!

    I guess the answer to my question is 'no' then!
This discussion has been closed.
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