Advice - Regulated Tenants

paulkirb

G_M

Letter or rough note! states;

Find enclosed 2 keys for Property x
Rent paid in full till 19th Dec 2010
Mrs x
Your workmen can do work

Letter clearly in the handwriting of tenant

theartfullodger

paulkirb wrote: »

G_M

Letter or rough note! states;

Find enclosed 2 keys for Property x
Rent paid in full till 19th Dec 2010
Mrs x
Your workmen can do work

Letter clearly in the handwriting of tenant

But it doesn't say they are surrendering the tenancy or that they are not returning... Tread very carefully, they could be setting you up... Was going to suggest

Contact Council/tenants asking for letter of surrender otherwise you will pursue them for rent owing..

- but now not sure

tbs624

So, at some point the T called in the Council over repairs issues at your property? Were you served by the Council with a formal Improvement Notice ?

I'm just wondering why a T who was under a regulated tenancy would be granted a Council tenancy, having "chosen" to move out?

Were there damp issues etc? Has your T perhaps sought housing advice because of long standing repairs issues?

I think you really need to get yourself some qualified advice - someone who can be given *all* the necessary paperwork and background to this. You may find a LL association can suggest suitable local contacts or go via the law society. Make sure you get someone who is experienced in dealing with regulated tenancies.

BitterAndTwisted

I'd lay money on it that the tenants have secured some form of short-term emergency housing and that they intend to be back as soon as the work is finished. Otherwise why tell the landlord that they can do the work? Any tenant leaving a property for the last time wouldn't care if the LL set it on fire.

G_M

BitterAndTwisted wrote: »

I'd lay money on it that the tenants have secured some form of short-term emergency housing and that they intend to be back as soon as the work is finished. Otherwise why tell the landlord that they can do the work? Any tenant leaving a property for the last time wouldn't care if the LL set it on fire.

...except that they enclosed keys....

So:
1) they've gone and surrendered tenancy, never to be seen again OR
2) they've moved out to allow works and plan to return, and are poor communicators OR
3) they've moved out to allow works, are excellent communicators but have chosen to lead the LL into a trap by being deliberately misleading!

Tread carefully! If, as suggested, there is history here (ie poor maintenance issues) then 3 above is a distinct possibility.

BitterAndTwisted

Anybody on a Regulated Tenancy these days will have received professional advice from some quarter or another and therefore cannot fail to have realised how daft it would be to give one up so easily. They have been in touch with the council so we all know that they can't have been offered a local authority place when they already have as secure a tenancy as it's possible to get.

IT'S A TRAP!

paulkirb

Think we all agree on the fact T could be setting me up here - they certainly have form to do this.
Despite the council improvement notice, we agreed with T & council that works could easily be carried out with T in situ. Despite the T having authority to contact my contractors they failed to do so for 6 weeks. The council then formally closed the case & washed there hands of any advice to LL.
Only option is to go through the expensive & lengthy possession order route
Thankyou all for your advice

Just a last note - if I do secure a letter of end of tenancy which i will still pursue via council & Eon (as tenant will receive further bills over next week) is this enough to carry on with improvements & re let with a regulated tenancy

poolboy

I am not a lawyer but a humble LL.

I believe the return of keys is just 1 condition of the test of abandonment or surrender. There are a few others of which the most important is a deed of surrender.

I can't believe regulated tenants have thrown in the towel without a sweetener. Yr flat has just doubled in price at no cost to you.

Beware, they may be prof Ts & unlawful eviction is a custodial sentance.

Good luck but be careful, don't celebrate just yet. Your Ts may be ontp BGR Bloomer or whatever they are called.

BitterAndTwisted

They've been to the council and received advice from there if nowhere else. I'm sure they're well-acquainted with what an advantageous situation they are in. Have absolutely no doubt about that.