UK Landlord Forum / Life

I issued my tenant with a section 21 two and  half months ago. i have worked with the council and agreed she could stay on until they found a place for her. She informed myself and the council that she is moving into one of their properties on 18th July. The tenant requested that I gave her time until this weekend sho she could pack up and move also she would leave the place clean and tidy. The person who I was dealing with confirmed they had let her a property and they asked her to let me know what day and time she was handing my property back to me. I have not heard from her and emailed her but have got no rely. she is over two months behind with her rent also.

My question is how do I get possession of my property back? She is a very wilful person and I am worried she will do damage to the property out of spite.

This is the email confirming possession of new property and statement to move out.

"just to let you know I've accepted the offer from the council and I sign the tenancy and get the keys next Tuesday 18th. Is this suitable for you and will you allow me a few days grace till the end of the week so I can move everything over at the weekend and get May street emptied and cleaned?

You have two choices:- standard possession order proceedings, or accelerated possession order proceedings.  Accelerated possession is quicker and better but you can't include a claim for unpaid rent -- you'd have to do that separately.  I always go accelerated possession anyway.

Her e-mail implies that she's moving her stuff out this weekend, so it may resolve itself by Monday anyway. Mind you, I bet the Council start billing you for Council Tax from the 19^th.

Quote from: Knights Templar on June 22, 2019, 08:04:36 PM"just to let you know I've accepted the offer from the council and I sign the tenancy and get the keys next Tuesday 18th. Is this suitable for you and will you allow me a few days grace till the end of the week so I can move everything over at the weekend and get May street emptied and cleaned?

If you agreed that then you've given until the 24th, in my view of how the world works, so what's the fuss?

Sounds like she is dragging her heals a bit and using your house for free storage. It may pay to remind her that until she hands the keys back she is still the tenant and so legally responsible fo the council tax. I have had this problem myself and it don't half sicken them when they get the council tax bill.

Hi

Until the tenant hands back the keys, they have not surrendered up possession to you. You therefore are unable to re-enter the property until such time. I would ask the tenant to expressly state to you in writing (email / text), that he/she surrenders up possession, confirming the date he/she has vacated and also confirming the date that the keys will be handed over.

I would remind your tenant of their responsibility for all utilities and council tax until the keys are surrendered and also that if the keys are not returned by a given date that you can apply for a possession order at court, thus seeking costs back from them for your court fee and legal costs incurred.

Hope this helps 

Quote from: Allybops on June 23, 2019, 03:09:38 PM
she is still the tenant and so legally responsible fo the council tax

Quote from: George95 on June 26, 2019, 08:59:42 AM
I would remind your tenant of their responsibility for all utilities and council tax until the keys are surrendered

Okay, that's a second post on the same point, so let's clarify that that's not how the liability for council tax are legally determined. If the tenancy is periodic, whether statutory or contractaul, and either there wasn't a combined initial term of at least six months in the case of contractual periodic, or the period of the tenancy is less than six month, then the liability from a council legal point of view ends when the tenant is no longer resident.