Implied surrender of tenancy with 18 months arrears?

Implied surrender of tenancy with 18 months arrears?

15:47 PM, 2nd September 2021, About 4 weeks ago 5

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My tenant who is over 18 months in arrears promised she would return to the UK from an EU country at the end of June once she has been granted settled status in the UK.

She has not returned, and I warned her in May that I would change her locks if she did not return to the UK which she still has not. She did get most of her furniture out and all of her personal possessions have gone.

I now intend to take on new tenants and drop any court proceedings, as I am certain she will not be returning to the UK. She has ignored all my communications, so I intend to argue that there is an ” implied surrender ” if she ever shows up.

I would be interested to know anyone else views on this.

Many thanks

Will



Comments

by terry sullivan

10:52 AM, 3rd September 2021, About 4 weeks ago

dangerous--she has not surrendered. change of locks could be construed as illegal eviction

by Laura Delow

11:10 AM, 3rd September 2021, About 4 weeks ago

Check out & follow the process otherwise you could find her coming after you & the law will be on her side.

by Paul Maguire

11:35 AM, 3rd September 2021, About 4 weeks ago

I'd take the slight risk and follow the path you've suggested.

by David

12:07 PM, 3rd September 2021, About 4 weeks ago

If your last communication with her was that she would return then its a risk, but perhaps an understandable one to take in the circumstances. If she sues for illegal eviction, you may be able to counter sue for the rent arrears, but you could still end up with a conviction and unable to pass a 'fit and proper person' test to be a landlord in future.

by Jonathan Clarke

8:09 AM, 4th September 2021, About 3 weeks ago

Not that dangerous in my view and i would go along the lines you are thinking . But follow a few procedures to put the ball in HER court to actively contact you before you re let and therefore that will go a long way to protect yourself from accusation of illegal eviction and support your understandable reasoning that it is indeed an implied surrender.
1) Inform her on all devices you have for her and a hand delivered letter and via a recorded delivery letter that you believe she has abandoned the property and you are for security reasons changing the locks and for her to contact you for a copy of the key within 14 days if she thinks otherwise.

2) Put a small abandonment notice on the door to that same effect
3) The tenancy may have a clause about not being left unoccupied for more than a month ( often because of insurance stipulations as it is more vulnerable vacant )
4) Take photos and video with a witness to support the fact that she is clearly not living there and has actively removed her personal possessions
5) Send her a surrender doc form and say if she signs it you will not pursue the 18mths arrears
Implied surrender is always going to be a grey area but you have to take a view to run your business effectively . 3 mths with no contact and 18mths arrears and all personal effects removed screams abandonment
Possession is 9/10th of the law
Good Luck


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