Evicting vulnerable tenant in hospital – Landlord Action response9:55 AM, 3rd July 2019
About 3 weeks ago 69
I served a Section 8 notice on an AST fixed-term tenant who was behind with their rent. Twelve days later the tenant moved with 2/3 of their things, leaving 1/3 which they were going to move the next day. They kept the keys and didn’t attempt a handover. They’ve repeatedly said they’ll move their property and not to touch it.
The lawyer who handled it recently got a possession order within the term of the tenancy and was of the opinion that they remain tenants until that date. However the tenants counterclaimed and a second lawyer advises that their tenancy agreement ended 14 days after the S8 notice was served. From then to the date of possession we can claim damages for storage charges, but not rent.
Despite the tenant’s unfulfilled promises to sign a Deed of Surrender to avoid court action we are liable for our failure to obtain possession in a timely fashion.
Is this correct?
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