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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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The tenant was given notice to quit the property by 6/12/2015.

Resolved Question:

the tenant was given notice to quit the property by 6/12/2015. the letting agent informed the landlord that she chose to leave on 31/10/2015. the landlord entered the property on 01/11/2015 and discovered that the tenant left both sets of keys that were passed over at the start of the tenancy in the house.
does the leaving of they keys behind mean that the tenancy is finished?
if not is the landlord in his own property illegally?
does the tenant therefore have claim to a %age of the landlords property?
the tenant has been readmitted twice since 31/10/2015 to collect items that had been left behind.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
It depends.
What was the other evidence that the proper was abandoned?
Customer: replied 1 year ago.
all furniture, white goods etc had been removed and the property although not cleaned was empty
Expert:  Jo C. replied 1 year ago.
Did you get change the locks?
Customer: replied 1 year ago.
yes
Customer: replied 1 year ago.
because the keys had been left inside the house i assumed that indicated they had vacated permenantly
Expert:  Jo C. replied 1 year ago.
OK
There is an argument that this amounts to unlawful eviction which is a criminal offence.
You would have a defence on the basis that the property was abandoned but you will need to prove that. Had you posted earlier I would have told you to leave an abandonment notice at least for 24 hours which would have protected you. That didn't happen and you have to defend on the facts.
Leaving the keys is evidence that the tenancy has been surrendered but it isn't conclusive.
Removal of the furniture is evidence of abandonment. If there were items there though then that is undermining.
It doesn't give the tenants a percentage claim to the property though. It just means that it is possible that an offence has been committed.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69784
Experience: Over 5 years in practice
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