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Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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A tenant of mine on a periodic tenancy has vacated the premises

Customer Question

A tenant of mine on a periodic tenancy has vacated the premises with no notification to myself. How ever we are told he has taken a tenancy with another landlord, what notices do we have to serve if any to take back the property

regards


Dave Andrews
Submitted: 4 years ago.
Category: Property Law
Expert:  Stuart J replied 4 years ago.
How do you know he has vacated? Are you the landlord?
Customer: replied 4 years ago.

yes I am the landlord and his new property landlord as confirmed he his now a tenant with them.

Expert:  Stuart J replied 4 years ago.

Has he moved all his stuff out completely?

Have you spoken to the tenant?

Customer: replied 4 years ago.

I have not been in the premises for fear of legal reprisal, The tenant as avoided all contact. I also forgot to mention he is £900.00 in arrears with his rent top up.

Expert:  Stuart J replied 4 years ago.


You do right to be
cautious.

The quickest way is
to knock on his door and ask him to sign a surrender document although he can
always argue that he signed it under pressure/duress.



Other than that you
must go through the usual s8 or s21 procedures.



This article
explains a little more. http://www.landlordzone.co.uk/legal/abandonment.htm



It might be worth
condiering letting him off some or all of rent arrears if he agrees to sign now
rather than rack up more arrears and you have to chase him for money he owes
you.



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Customer: replied 4 years ago.

If the tenant signs the deed of surrender can I stil pursue him for the outstanding rent monies he owes.

Expert:  Stuart J replied 4 years ago.
Of course unless you agreed to "sign here and I will drop rent arrears"

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