Evicted tenant’s aftermath!
Hi Everyone, After agreeing with my tenant to evict him using section 8 rent arrears (so he becomes ‘homeless’ and gets help from the council)
I have been left with most of his belongings to remove, damage to the house and clean up costs, which far exceed his deposit value.
I have issued a notice of abandonment for his belongings, but my question is, can I add these additional cleanup costs to his money order CCJ I received with the section 8, or should I claim through the small claims court for another CCJ against him?
Many thanks
Helen
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Member Since May 2025 - Comments: 15
3:12 PM, 4th August 2025, About 8 months ago
Just be careful; have you checked your AST for how it deals with property left behind?
It falls under the Torts( interference with goods,) Act 1977.
If it specifically states you will keep the property only for 2 weeks then you can dispose after that as long as you have given them warning.
But if it doesn’t specifically say…it defaults to the wording if the act which states that you have to keep/ store the stuff for 3 months at your own expense.
I learned this the hard way! After a canny tenant had utterly played me, and I had lost a year’s rent plus court costs ..this was the final insult.
Member Since July 2023 - Comments: 12
3:16 PM, 4th August 2025, About 8 months ago
Reply to the comment left by Sara Rowland at 04/08/2025 – 15:12
I checked the AST. It says 14 days or a reasonable period to be agreed. He had messaged (written) to me saying to get rid of it all but I have still sent over a notice too. I will wait a little longer to be safe. Will also message his council housing case worker to show her what a mess he left!!!
Member Since August 2025 - Comments: 2
3:28 PM, 4th August 2025, About 8 months ago
This is why I wanted to increase the deposit of a long standing tenant. Rent is low and I’m increasing it steadily but her original deposit won’t fix anything and I’ve seen damage when I’ve inspected the property and asked her to fix it, she went straight to letting agents and citizen advice and they told her it’s not normal practice and shouldn’t be done? Our relationship isn’t great, (she thinks I should decorate the property!)
Member Since May 2015 - Comments: 2190 - Articles: 2
3:52 PM, 4th August 2025, About 8 months ago
Reply to the comment left by Helen Quinn at 04/08/2025 – 15:16
When I, as an owner, moved house it was made very clear to me by my solicitor that anything left behind on moving day was lost. Why should rental property be treated any differently?
Member Since July 2023 - Comments: 179
4:36 PM, 4th August 2025, About 8 months ago
Reply to the comment left by Helen Quinn at 04/08/2025 – 13:38
If you used s8 ground 8 (rent arrears) I ‘believe’ many councils classify this as ‘intentionally homeless’.
It will bebinteresting to see if fe gets a council or anh other property.
Please keep the group updated.
As regards a further CCJ. Separate one via MCOL. Cheap and easy.
Member Since November 2022 - Comments: 120
4:38 PM, 4th August 2025, About 8 months ago
Probably because of the presumption that when you sell a house you either (a) also sell the contents (check the terms of your contract) or (b) abandon those contents. When a tenancy ends the property in the chattels left behind stays with the ex-tenant
Member Since July 2023 - Comments: 179
4:40 PM, 4th August 2025, About 8 months ago
Reply to the comment left by TheMaluka at 04/08/2025 – 15:52
Mate. Beware. Rules are different.
Covered by Torts Act
Member Since July 2023 - Comments: 12
5:22 PM, 4th August 2025, About 8 months ago
Reply to the comment left by Jim K at 04/08/2025 – 16:36He has been given a 2 bed temporary Accommodation in Wiltshire. He has 2 toddlers and a young girlfriend (not on the AST) so I was she who got him the place i would imagine. He wants to set up a repayment plan for the arrears as he won’t get on the council waiting list for 6 months or at least half is paid back! Aslong as i don’t give him the money order CCJ!!!!!
Member Since May 2015 - Comments: 2190 - Articles: 2
5:30 PM, 4th August 2025, About 8 months ago
Reply to the comment left by Jim K at 04/08/2025 – 16:40
I know the rules are different, my question to HM Government is WHY?
Member Since October 2020 - Comments: 1144
12:18 PM, 8th August 2025, About 8 months ago
“…evict him using section 8 rent arrears (so he becomes ‘homeless’ and gets help from the council)”
Isnt it s21 notices that lead Councils to help tenants, on the assumption that its no fault? Doesn’t a s8 rent arrears notice mean they’re assumed to be intentionally homeless?