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Tenant never moved in,but paid upfront....

13567

Comments

  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    princeofpounds wrote: »
    And if they are not resident there and never have been, then technically there is no tenancy and a section 21 notice may not even be required (although I'd be ultra cautious about pursuing it that way).

    It does not matter that they haven't live there: They took possession and moved at least some of their stuff in so a tenancy was undoubtedly created.

    However, if they never lived there then there is an argument that the tenancy created is not an AST (so no s.21), and furthermore protection from eviction may not apply, so OP could just change the lock when the tenancy ends in 2 days.
    Obviously that's a bit risky so OP may want to get a court order in any case.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    fishpond wrote: »
    Why did you enter?

    To check on the property and welfare of tenants. No big deal.
  • SeduLOUs
    SeduLOUs Posts: 2,171 Forumite
    jjlandlord wrote: »
    To check on the property and welfare of tenants. No big deal.

    I wouldn't appreciate my landlord just 'letting himself in' to check on my welfare while I'm out!

    Understandably, this appears a bit different, but nonetheless a landlord has no right to just waltz in as they please.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    edited 3 January 2015 at 1:05PM
    SeduLOUs wrote: »
    but nonetheless a landlord has no right to just waltz in as they please.

    Yes we know.
    But this is a specific situation in the real world.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    jjlandlord wrote: »
    Yes we know.
    Bt this is a specific situation in the real world.

    Agreed, post piling up and no notification of absence.
  • SeduLOUs
    SeduLOUs Posts: 2,171 Forumite
    edited 3 January 2015 at 1:11PM
    Guest101 wrote: »
    Agreed, post piling up and no notification of absence.

    But did he let himself in because the post could be seen to be piling up from outside, or did he just discover the post because he let himself in? It may be pedantic, but it's quite a significant difference.

    How much post are we talking about. There's a possibility from the info we have so far that tenant lives minimally and has simply been away for Christmas (within the terms of his agreement).

    The fact he is receiving lots of post to the address would suggest he intends to be there to collect it. If it isn't his 'main' residence, there would be little to no post...
  • fishpond
    fishpond Posts: 1,022 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 3 January 2015 at 1:50PM
    jjlandlord wrote: »
    To check on the property and welfare of tenants. No big deal.

    It is as you put it "a very big deal" if the tenant is still living there and no letters have been written or arrangements made to inspect.
    There is no conclusive proof that we have been given so far that it can be said with certainty that the tenant has never lived there or doesn't live there now.
    If, on the other hand, 2 letters from the LL notifying tenant of inspection were found unopened in the pile of letters, fair enough.
    I am a LandLord,(under review) so there!:p
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    fishpond wrote: »
    It is as you put it "a very big deal" if the tenant is still living there and no letters have been written or arrangements made to inspect.

    It is not...

    Why do people always pick up on a detail that brings nothing to the thread and argue about it for pages?
  • fishpond
    fishpond Posts: 1,022 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 3 January 2015 at 1:59PM
    jjlandlord wrote: »
    It is not...

    Why do people always pick up on a detail that brings nothing to the thread and argue about it for pages?
    If the LL followed your advice he may well find himself in court attempting to explain why he let himself in, I am assuming the tenancy agreement permits the LL to hold a key for emergencies?
    Why are you not giving the correct information to the LL.
    "The devil is in the detail"
    I am a LandLord,(under review) so there!:p
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    fishpond wrote: »
    Why are you not giving the correct information to the LL.

    Why are you continuing to argue?
This discussion has been closed.
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