UK Landlord Forum / Life

Tenant stated in writing he wanted to end tenancy immediately, had left property and demanded money for made-up "compensation" for things he wasn't happy with.

When I refused the money he said he was staying and wouldn't be paying any more rent and I wouldn't be able to get him out.

If I have the original written notice that states he wants end the tenancy immediately and has moved out, then does that stand?  Or does his later message wipe out his first one?

All his stuff is still in the house.  Rent hasn't been paid.

Quote from: Kat66 on December 07, 2018, 06:37:01 PM
If I have the original written notice that states he wants end the tenancy immediately and has moved out, then does that stand?  Or does his later message wipe out his first one?

Overall, it doens't really make too much difference. Legally, you'd still be requried to go to court and apply for possession, and then have it executed by bailiffs. Only question is whether you would have to serve your own notice first or can go straight to court on the basis that the tenancy had ended.

So, had the tenancy ended given the tenant's and yours action?

QuoteTenant stated in writing he wanted to end tenancy immediately, had left property and demanded money for made-up "compensation" for things he wasn't happy with.

When I refused the money he said he was staying and wouldn't be paying any more rent and I wouldn't be able to get him out.

That's clearly not a valid break notice during a fixed term (unless your tenancy is very very unusual), or notice to quit during a periodic tenancy. So do we have a surrender? Unless you haven't told us something essential, there's not been a surrender by deed. Which mean we are left with the option surrender by operation of law (aka implied surrender). It's arguable... but "All his stuff is still in the house" doesn't match "had left property". Action trump words when considering implied surrender. So I would say, if it ends up in court, and the tenant argues it, it' more than likely that you'll get a judgment that the tenancy hadn't ended.

QuoteRent hasn't been paid.

So serve two weeks notice under section 8, ground 8, 10, and/or 11 as applicable, then go to court. Make sure you include his previous "notice" as evidence.

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