Tenant given notice but not handed back keys or taken belongings?

If that’s the full communication with the tenant, I dont think it amounts to a valid Notice to Quit. However, it is clear that at ghe time he intended to move and the later communication seems to confirm that he has moved out and doesn’t intend to return. It’s not 100% risk free, but if it were me, I would confirm in writing to him that his tenancy has now ended and his possessions will be disposed of in 14 days in line with the contract if he doesnt collect. I would send a few reminders over that time by all methods I had available.

Reply to the comment left by P J at 29/01/2025 – 11:22
They nitic of abandonment is a bit of a legal myth. It doesn’t have any legal authority, but it is evidence of the landlord forming a reasonable belief. Another useful point is council tax, it helps to advise the tenant if they still have possesion (key word meaning the right to exclude everyone else different from ownership) then they are still liable for council tax. Awkward tenants like to be annoying but not if I costs them money. Getting thevt not back may be difficult but they won’t get away with not paying council tax. If they advise the council they have left, you are safe

Reply to the comment left by David Houghton at 30/01/2025 – 10:20
Thank you but I pay the Council Tax as it is part of HMO (unregistered as only three occupants) so that wont really be of any assistance unfortunately.

Reply to the comment left by DP at 30/01/2025 – 01:19
Change the locks now. There can only be an illegal eviction if you refuse to give him access, should he try to move back in. So don’t take his call, or any unknown numbers. The longer it goes on where you can say he wasn’t living there the more reasonable the belief. Hmo tenants probably won’t give evidence for you. After 2 weeks re let.

Reply to the comment left by DP at 30/01/2025 – 10:28
Yes, I saw that. I used to let HMOs to tenants on benefits. Then I found that if I gave them 2 rooms, bathroom kitchen still shared then they qualify for 1 bed lha rate and become liable for council tax.

One part of the local council were not very happy as they were losing money as I halved my tenants and stopped paying ctax, another part were happy because they disliked HMOs.

If they ate going g to “sue” they won’t get legal aid unless they are being evicted. The other favourite line is “You need to talk to my solicitor” to which I reply sure who is it. Always met by silence. So being sued is unlikely, prepare the defence in advance, do not exaggerate at all. Worst case you have to attend a hearing. Judges know what’s going on. I have never lost at trial yet and I represent myself but it’s just being awkward for awkward sake. They won’t pay court fees on a punt

Reply to the comment left by David Houghton at 30/01/2025 – 10:43
Thats interesting thank you David, no I cant see where I can be deemed to have evicted him and he does not seem to want to continue as not paying rent so as someone else said he cant have it both ways. All the other stuff is threats I suspect and he has been gaslighting me in almost every email on a personal front.

Reply to the comment left by DP at 30/01/2025 – 10:54
Yep
Do you what you think is right, then post an update in a couple of months

This says it all:-
“21.1.24 He says CAB have advised him not to be pressurised into moving his things. (Think he has given them a story) He will leave them until he can arrange a mover so not to touch them. He also attaches copy of a letter he says he sent in December which did not arrive and suspect this was typed up following his chat with CAB but in which he states. ‘I formally write to confirm I plan to leave on/by 25.1.25’ and stating ‘he wishes for the deposit to cover for the last month I am not there’.”

It confirms he agreed to end his tenancy on 25.1.2025 which is in the past. His tenancy has now ended.

It’s now about his possessions. The ball is in your court. You can dictate the what you want.
Threaten with “mesne profits” double rent or you will deal with his possessions yourself if he doesn’t remove in 14 days.

Keep all evidence including abandoned notice and follow the advice of others.

If he still hasn’t removed his stuff in 14 days then do it yourself. Two weeks is a small price to pay in order to protect yourself in getting possession of your property back.

PS . I’m not sure when the clock on the 14 days starts, perhaps others can suggest.

Reply to the comment left by DP at 30/01/2025 – 01:19
You state “ He is no longer living there according to other tenants in the flat (unregistered HMO)”

You are likely to get the book thrown at you, especially now as your tenant is getting Shelter/Citizens Advice or the like

You may not be able to easily dispose of his goods, but you can and should exact revenge. Play the (former) tenant just as you would play a fish on the hook, being careful to always stay within the law.

Take legal action using Moneyclaim, for a small amount of the rent arrears, about £300 attracting the lowest possible fee of £35. Claim interest. The rules say that you must serve the documents at the last known address of the defendant, which of course is your property. Make sure that any post is NOT returned to sender. After about three weeks, you can claim a default judgement. Accept that you will never get paid, in fact it is part of the ploy not to get paid.

Diarise a second claim for five and three-quarter years from the date the last rent was owed, remembering the last known address rule. These two combined will screw him for a total of nearly12 years, a far shorter period than he deserves.

If you can get his new address or that of parents or guarantor, then take all the worthless goods and place them in the appropriate front garden. The protests will be nectar to your ears. The valuable stuff he will come to you to recover, and then it is your turn to be awkward. Be warned DO NOT LET HIM BACK INTO THE PROPERTY FOR ANY REASON, it is amazing how much damage a disgruntled tenant can do in ten seconds.

And finally, when he reports you to the police for stealing the £10,000 diamond ring he’s left lying on the kitchen table, calmly ask to see the receipt. This actually happened to me, well sort of, it was the police who asked to see the receipt rather than me.

Most of all, make it a fun exercise for you, like the dungeon master, spend your time dreaming up new legal ways to inflict pain on your victim.