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Advice please on eviction on tenant

2

Comments

  • Apathy
    Apathy Posts: 107 Forumite
    Hi thanks for the replies. I've just been informed by the council that the tenant told them they vacated in July. Is this sufficient and they are paying council tax at another property now.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Apathy wrote: »
    Hi thanks for the replies. I've just been informed by the council that the tenant told them they vacated in July. Is this sufficient and they are paying council tax at another property now.

    It's a month later - what have you done in that time?


    - No, that is not sufficient.
  • thesaint
    thesaint Posts: 4,324
    Part of the Furniture Combo Breaker
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    Apathy wrote: »
    Hi thanks for the replies. I've just been informed by the council that the tenant told them they vacated in July. Is this sufficient and they are paying council tax at another property now.

    What proof do you have that the council told you this?
    Do you have a council tax letter addressed to you the landlord that gives you liability for the council tax?
    Well life is harsh, hug me don't reject me.
  • G_M
    G_M Posts: 51,977
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
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    Apathy wrote: »
    Hi thanks for the replies. I've just been informed by the council that the tenant told them they vacated in July. Is this sufficient and they are paying council tax at another property now.
    Ask the council to confirm in writing.

    If you know where the tenants have gone, pursue them for the rent arrears and damage. Get builders etc in to give you written quotes for all the required repairs.
  • cattermole
    cattermole Posts: 3,539 Forumite
    If you take items belonging to someone else isn't that theft?!
    Think of all the beauty still left around you and be happy - Anne Frank :A
  • Apathy
    Apathy Posts: 107 Forumite
    edited 12 November 2015 at 12:55PM
    Thanks for the replies again.


    So according the letter the council have sent me, they say I'm liable for the council tax from the 15th of June 2015 onwards (hinting they informed the council then), so when rang them, I recorded the call, and I asked them to send me proof they have left, however they said due to "data protection" they can't send me it in writing, however I asked them directly how am I liable then, and they said it's because they've informed them they have moved and have moved in with their boyfriend and paying council tax at another property. I recorded all of this, however they said they can't send it in writing, but wouldn't the council tax liability letter saying I owe them council tax prove this, although inadvertently, because why else would they send me this outstanding council tax liability?


    Also, am I definitely liable for the council tax, as they hasn't officially informed me of leaving the property, It seems she's just done a runner, and the council have informed me she's paying council tax elsewhere. She's also liable for rent as well isn't she if she hasn't informed me that she has left?


    And also, I don't know where they've moved to as again the council say it's due to data protection. Is this enough for me to assume that at a later stage, should the tenant backtrack?


    Thanks.
  • G_M
    G_M Posts: 51,977
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    edited 12 November 2015 at 1:00PM
    Ask council to send you a CT bill showig the start date of your liability.

    That, combined with your recording, should satisfy any judge that the tenants have surrendered the tenancy.

    Google "tenant tracing service". These companies will try to find your ex-tenant. then you can sue.
  • mrginge
    mrginge Posts: 4,843 Forumite
    G_M wrote: »
    Google "tenant tracing service". These companies will try to find your ex-tenant. then you can sue.

    If the OP accepts possession back from the date of the CT bill, what are they going to sue for?
  • Hi Apathy,

    From what you described, overall you have a very good case (which must be documented) hat they have made an implied offer to surrender the tenancy.
    You are free to accept it at any time by taking back possession of the premises. Their liability for rent will end at that point.
  • Pixie5740
    Pixie5740 Posts: 14,515
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    Did you tell the council you were recording the call?

    "Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication."

    Have you actually (legally) got possession of the property back yet?
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