tenant won't remove his stuff from my house

G_M

ezmerelda wrote: »

He moved in on the 25th March 2011, left 13th Jan 2012

Your rental Periods run from 25th each month to 24th th following month.

He told me he'd be out 13th Jan, when he exchanged on the house he's bought. He then informed me he'd paid a full months rent and said he'd seen a solicitor and should have until the end of the month to move out.

So he 'left' on the 13/1. What date did he 'tell' you? What notice did he give? He would need to end the tenancy on the 24th of a month, not mid-way though a rental period.

To end the tenancy on 13/1 he would need your express agreement.

To end the tenancy on 24th Jan he would need to give you Notice on or before 24th December. Did he?

To end the tenancy on 24th Feb he would need to give you Notice on or before 24th Jan. This may be the situation, in which case he owes rent till 24th Feb.

He paid a full months rent. What period did this cover? 25th Dec to 24th Jan? 25th Jan to 24th Feb?

If his rent covers these dates, the tenancy clearly continues.
If proper notice was not given, the tenancy continues.
If the keys are not surrendered, the tenany continues.

Unless, of course, you reached, and both kept to, an alternative agreement, which does not appear to have happened.

If the tenancy continues
a) you can (and should0 write asking for any rent owed
b) not enter the property
c) not remove his'rubbish'.

SavvyStudentSaver

ezmerelda wrote: »

The agent is aware of the situation, as is the tenant, and both have been very patient and understanding, which is lucky for me. No papers have been signed yet by new tenant as we're all waiting until the house is ready, but it would have been ready 3 weeks ago if he'd shifted his rubbish.

He moved in on the 25th March 2011, left 13th Jan 2012

Look, I know I've been stupid and done everything wrong and I admit I don't understand fully how all this works. My stupid mistake and now it's all backfired monumentally. All I wanted was a bit of advice as to whether I could bin his stuff or not, not an inquiry into my landlording practices.
He was living there with a vague verbal agreement that he'd pay me some money every month, its not like I'm some major property developer or anything

Your motives and situation are actually irrelevant though. He sounds like a bit of a twit, and like he'd take advantage of any opportunities available to him. So you need to do this right, otherwise it could come back to bite you in the a$$.

Firstly- you provided a property, he paid you money for it. That makes you a Landlord, and he was a tenant, and by default it is assumed to be an Assured Shorthold Tenancy. This is not up for dispute. So you have to fulfill your obligations as a Landlord.

If he moved in on the 25th March last year, and paid monthly, his rental periods will run from the 25th of one month to the 24th of the next. So any notice must expire on the 24th of the month, unless agreed otherwise (in writing, you'll want, because if he decides to say he DIDN'T agree to leave, you need proof he did).

-If he has given you written notice that he intended to leave by the 13th January, and you gave no objections, and he has vacated, you have become an involuntary bailee, and this might be of use:
http://www.out-law.com/en/topics/property/investment-/landlord-and-tenant-goods-left-at-premises/
-If he has not given written notice, but just moved out, your tenancy has not come to an end, unless you have a written agreement that he is allowed to vacate, he is still your tenant. Rent is still owed to you, and he still has the rights to enter the property, and his belongings MUST be left. If you change the locks on him, it will be classed as an illegal eviction, and he can pursue you through the courts, or legally force his way back in. If he can prove he has lost out financially in some way (such as you having disposed of his things), he can claim compensation from you through the courts. And if you've moved another tenant in and he decides to kick up a fuss... well, you have one property you have agreed to let to two people, and you'll need to find alternative arrangements for one of them at your own expense.

If he hasn't given you notice, you will need to serve him with a Section 21 (sent by Frist Class delivery, not Recorded) to the house, from two different post offices, and keep receipts as post offices, by the 22nd February, to say you require possession on the 24th April (giving two clear rental periods notice). Then, if he is still away on the 24th April, you may assume he has left, and you are again an invountary bailee, I believe. Note: You wont have possession of the house until this date if no there is no written proof of this arrangement coming to an end. And another note: He will still owe you rent up to this date.

And another tip- if he wants to be awkward, and again, there is no written agreement that he will leave, or he has not served written notice, and is therefore still a tenant, he might start trying to catch you out on any other Landlord-y obligations you may or may or may not have fulfilled, so ensure those are sorted.

Now, I'm fairly sure all of that is correct, but it would be worth double checking. And this is all assuming the worst. It could be your ex isn't a total douche who'd become a nightmare because you told him you were intending to dispose of his things, but as he's already taking advantage of you, I suspect it could become nasty, and you don't want to give him any ammo. And these things probably get sorted without going by the book all the time, but again- you don't want to give him ammo if he wants to cause problems. Yes it's been a bit of a mistake, but it's fixable. If he's moved out, it should all move a lot more smoothly. If he was still in the house you could end up requiring bailiffs. And I'm sorry if I've come off a little abrupt- I do have sympathy, but I've tried to be factual, which tends to mean I can come across a little cold.

Norman_Castle

How far away has he moved?. Man and a van, deliver the stuff to his front garden.

jjlandlord

Whether keys are handed over or not is not crucial.
From what I understand, T told OP he was leaving (hopefully OP has written documentation), following this it seems that OP has taken possession back. So it'd be arguable that tenancy has ended by operation of law.
Otherwise, OP should try to get in writing from T that he has left and wishes the tenancy to end (or even better execute a Deed of Surrender). Reminding him that he will otherwise still be liable for rent might make him comply quickly.

missile

You have gotten yourself into a real mess and it is difficult to see a legal way out.

Norman_Castle wrote: »

... Man and a van, deliver the stuff to his front garden.

That is what I would do and I would change the locks.

evoke

Still trying to understand how he is paying rent as the OP's ex when he's 'covering the mortgage'. OP: so you were a couple whilst your ex lived with you and now that he's gone he has become your tenant?

I think you're making this far more complicated than it actually is by introducing property legalese into the equation.

You've split up, he's moved and he's left some junk and personal stuff in your house. Chuck it out. End of.

SavvyStudentSaver

evoke wrote: »

Still trying to understand how he is paying rent as the OP's ex when he's 'covering the mortgage'. OP: so you were a couple whilst your ex lived with you and now that he's gone he has become your tenant?

I think you're making this far more complicated than it actually is by introducing property legalese into the equation.

You've split up, he's moved and he's left some junk and personal stuff in your house. Chuck it out. End of.

He alone was living in the property. If you are allowing someone else to live in your property without you, they become your tenant. There was a recent thread about "is my dad my tenant?", and the answer was yes.

Unless his payments were taken as contributing to the mortgage, in which case it gets messier, because he then will be seen as owning part of the house. But at least he wouldn't be a tenant.

sunshinetours

If your mortgage is capital and interest (repayment mortgage) then you have been making a rental profit potentially as well I am afraid which should have been shown on your 2010/11 return (24/3/11 to 5/4/11 only) and mostly on your 2011/12 tax return.

Hope you get it all sorted out.

Bluemeanie_2

I know what everyone is saying re the legal stuff etc. But you know him, would he actually sue you? If not it's just hot air, I say send him one last text and then skip/tip the stuff!

asharon

it sounds like he paid you rent in january and he might differ in when the final day is. You said it is the middle of February and it is not quite. Why not just ask him when his final date is in his mind and take it from there?