Tenant left 6 months early and cancelled Direct Debit

by Readers Question

11:15 AM, 23rd February 2016
About 5 years ago

Tenant left 6 months early and cancelled Direct Debit

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Tenant left 6 months early and cancelled Direct Debit

I have just found out that my tenants has left their property 6 months early, have cancelled their direct debit and claim the property is covered in damp/condensation. left

I took an independent person (estate agent) with me for my first viewing as the tenants couldn’t or wouldn’t go. There are several things wrong, large items of rubbish to be removed, window blinds missing, oven filthy, kitchen benches damaged due to chopping on them and the whole property has been badly painted with vinyl silk (looks like gloss) I only ever use matt.

The tenants have moved a few streets away, I know the street but not the number and are blaming damp/condensation and a new baby for moving out. When I viewed there was a tiny amount of spotted mould to a wall in the bedroom which just washed off.

I informed their estate agent before they moved out that they where tied into an agreement but they decided to still take them on as they had received an email from them stating that if they got the new property they would still pay the rent etc on the my property.

As soon as they moved out they cancelled the direct debit with me and the estate agent is refusing to give me a copy of the email

Would it be best to go though the small claims court or use a solicitor.


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Gary Dully

13:19 PM, 14th March 2016
About 5 years ago

Reply to the comment left by "Andrew Holmes" at "26/02/2016 - 12:34":

Hello Andrew,

Thanks for the article link, after reading it confirmed my point in that the tenant can come back at anytime, claiming illegal eviction, if the tenancy is not ended by a county court order.

The phrasing in the Law says "the landlord shall be Guilty of an offence, unless he or she can prove they had reasonable grounds for believing that the tenancy had ended"

That means you are guilty until you can prove your innocence.

I have been reading the new Housing and Planning Bill, going through Parliament and Abandonment is, at long last, covered in it.

However, it is ripe for attack by Political Tomfoolery as the tenancy will soon be able to be ended by the Landlord serving 3 legal notices that meet 'prescribed information' criteria.

It won't be long until it gets abused by some idiot of a Landlord and we will be under attack again.

However, even then, a tenant can approach a County Court to claim back possession if they can prove a legitimate reason for not replying to the notices.

I am well aware that a lot of Landlords simply re-rent an abandoned property, that is their choice, but it is currently illegal to do so, without obtaining a surrender or County Court Order.

Under the new law all local councils will have access to a "Rogue Landlord' and Letting Agents database, where landlords and agents will have a record of improvement notices, banning orders and Rent Repayment Orders made against them.

The powers are going to be fierce, so I would suggest that we all have a read of them.

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