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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2738
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am in the military, and i own a flat were me and my

Resolved Question:

hi i am in the military, and i own a flat were me and my partner was living in together.
I got a lease drafted up and wanted 2 months notice put in it, while i was in germany she moved out and, with out giving me write notice and just texed me saying she is leaving.
she payed me rent up till 1st august and now she wants it back, even know we had the agreement that 2 months notice given to each other.
this is what the lease says about the tenancy;
Term
10. The term of the tenancy is a periodic tenancy commencing at 12:00 noon on 17 August 2015
and continuing on a year-to-year basis until the Landlord or the Tenant terminates the tenancy.
11. Any notice to terminate this tenancy must comply with the Act.
i haven't received written notice yet and as far as I'm concerned she has abandoned the flat for longer than 10 day
if you could give me advice, I would appreciate it very much thank you
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are/were you married to each other?

-Is your partner's name on the title of the property or is it in your sole name?

-Did she pay market rent?

-When did she move out?

-Was the tenancy agreement signed?

Customer: replied 1 year ago.
Hi Harristhank you for your reply.-No we wasn't married,
-I am the owner of the property, All In my name all bills etc
-She payed it marked as rent,
-She moved out 18th may
- and yes the tenancy agreement was signedThank you once again
Expert:  Harris replied 1 year ago.

Thank you for confirming.

Firstly, despite her abandonment without the relevant notice, you should be conscious that she has a right to remain in the property until formally evicted or until she has given the relevant notice. Therefore you should not be tempted to change the locks or remove her belongings if any remain. If you do any of this and reoccupy the property, or re-let it, then you will be at risk of her pursuing a claim for breach of contract and more importantly a criminal offence under the Protection from Eviction Act 1977 - this will be a costly issue if she pursues it and it will trump your rights under the agreement.

In the circumstances you should firstly request her to formally confirm that she has voluntarily vacated the property, despite not adhering to the notice period stipulated in the agreement. You can also consider pursuing a breach of contract for the remaining months.

If her formal confirmation is not forthcoming, then unfortunately you should pursue the legal steps to evict her - so service of Section 21 notice, and thereafter possession proceedings. I appreciate that this can be a long and costly way forward, but it is in your best interest to do this to avoid any claim by her.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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