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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My tenant has left the property, but has not handed back the

Resolved Question:

My tenant has left the property, but has not handed back the keys. She has also left a lot of furniture and personal possessions. The Council Housing Benefit Department have told me in writing that she is now claiming her benefit from a different address. This was being paid to me because of substantial rent arrears. She appears to be in debt from different agencies. I am now required to pay Council Tax. I have given her a notice, sent through the Housing Benefit Agency, because they know where she is. I have told her to remove her possessions by 31st December or they will be removed and sold to recoup some of my £1,000. plus in unpaid rent.
Am I entitled to do this, and what happens if I sell possessions of hers, which turn out to be the subject of credit agreements which she has not honoured.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : if you are sure the tenant has left then you can take possession.
Alex Watts : In terms of notice you need to give the tenant at least a month to move their possessions.
Alex Watts : I would allow longer because the benefit agency need to forward the letter on etc.
Alex Watts : But you have a duty to look after them, so give the tenant at least one month to collect or say you will dispose.
Alex Watts : But once that period has passed then yes you can sell and offset the money against the arrears,
Alex Watts : You of course need to keep a careful of note of what sold for what amount.
Alex Watts : But yes you can do this,
Alex Watts : can I clarify anything for you about this today please?

Could I keep any of the furniture for use by another tenant who I hope to find?

Alex Watts : yes. But you need to appprtion an apprioriate cost off the arrears, you can't keep it and not offset anything

So it does not matter if I sell something which still has a credit agreement in her name?

Alex Watts : If it's a credit agreement then yes, the credit company own it
Alex Watts : You have no right to sell that and potentially the buyer could Sue you.
Alex Watts : So you need to make sure whatever you sell is owned outright.
Alex Watts : But I have no idea how you would check.

I wont know this as she hasn't told me and I can't open her post.


Can I allow another tenant to use it?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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