Does a Section 8 notice to quit end a tenancy?
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?
John
Comments
Have Your Say
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
Member Since August 2013 - Comments: 883
4:37 PM, 21st October 2016, About 10 years ago
Reply to the comment left by “Giallo grale” at “21/10/2016 – 14:33“:
Your second lawyer is also wrong. One has to wonder how they could be wrong on such a basic question if they claim to be specialising in residential property…
“Of course if anyone can show that the AST agreement continued after expiry of the Section 8 notice, I’d be delighted to hear why.”
I have shown that in my previous post by quoting the exact wording of the Housing Act.
“The tenant is no longer liable for the rent as a debt, and any other expenses which would normally accrue to the tenant such as council tax or utilities become the landlord’s responsibility.”
Council tax is the liability of the resident so remains the liability of the (ex-)tenant even if the tenancy ends (which it does not on expiry on a section 8 notice).
Likewise, utilities are the liability of the consumer and liability does not change just because the tenancy ends.
Member Since April 2017 - Comments: 1
11:40 PM, 6th April 2017, About 9 years ago
Hi there. I have a question. What if the tenant left the property within the 14 days upon issuance of section 8 ground 8 and properly hands in keys? What is going to happen next?
Member Since January 2011 - Comments: 12212 - Articles: 1417
11:51 PM, 6th April 2017, About 9 years ago
That’s it, all done, you have possession.
Now you need to decide whether to make a claim for rent arrears and damages – see https://www.moneyclaim.gov.uk/
Member Since July 2013 - Comments: 1266 - Articles: 1
7:35 AM, 7th April 2017, About 9 years ago
I think you have to store the belongings for three months before disposal