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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A tenant has left my property with no notice before the end

Customer Question

A tenant has left my property with no notice before the end of the assured shorthold tenancy. She was a council tenant and the council won't give me her new address and says it's nothing to do with them. Do I have any redress against the council or her and how do I go about it?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : On what basis have the council refused, I assume data protection?
JACUSTOMER-otzb0b51- :

Hi Alex. I didn't ask as they have previously refused to give me a tenant's new address due to data protection

JACUSTOMER-otzb0b51- :

Is there anyone still looking at this or is that it? I'm only asking as I have to go shortly.

JACUSTOMER-otzb0b51- :

I've got to go now. You haven't given me any information or help so I have to rate you as bad. Not impressed and won't be using this service again - unless there's some intention to follow up with more information later. If not, please refund me my payment.

JACUSTOMER-otzb0b51- :

Apparently you haven't finished answering. I'll pick this up later. Best regards Richard

Alex Watts : Sorry I was stuck in court,
Alex Watts : I am sorry to say it's bad news, the council are not obliged to give you the information as you elleduded to is would be a breach of the data protection act.
Alex Watts : Do you have any claim against the council. Unless you have any form of contract with the council then sadly no.
Alex Watts : This is because any contractual dispute is between you and the tenant. Just because she was a council tenant does not imply there is a contract or they have any obligation to you.
Alex Watts : So in the absence of any contract to the contrary I am sorry there is no claim.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-otzb0b51- :

No problem - I'm sure you're very busy - not a job I'd like! Please accept my apologies for my earlier comment - sometimes I'm a little hasty in judgement - perhaps why it's good I don't work in a Court!! Sadly, I actually expected this answer. :-( I know I can't do anything about the council, but I've been paid past Christmas already. I know the council will want to get some money back, but I now have to leave a notice on the flat for 30 days to give her the opportunity to return for any reason, so I'm comfortable I can deal with that. What I was more interested in was whether I could sue her, (subject to me tracking her down and I'm quite good at that), for failure to honour the AST, leaving without notice, having to get a locksmith in, etc. Is this possible? And more importantly, is it worth it?

Alex Watts :

If you know where the tenant has gone to you can claim for any and all losses as a result.

Alex Watts :

So locksmith, arrears etc.

Alex Watts :

But you need to know where the tenant has moved

Alex Watts :

But yes, in theory you can claim for these

Alex Watts :

Can I clarify anything for you about this today please?

Customer :

No that's fine thanks. All I needed to know. At least as soon as I find her I'll be able to confirm she has left which will allow me to get my flat back. Perhaps I'll get the keys too.

Customer :

Many thanks

Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your follow up and hope you had a great day yesterday. Regarding the problem with my ex-tenant, I managed to confirm she's left and the council have paid me up to the end of this year :-) I've been in the flat which is disgusting and will be cleaning it out ove the next few days. I also found documents there that gave me her DOB as well as those of her children along with various summonses and unpaid bills. I see no point in chasing her for money I'm unlikely to ever see, but will find her new address and pass it on to the councils and companies looking for her. I'll soak up the cost which due to the council payments isn't actually too bad!

May I wish you a Prosperous and Healthy New Year.

Customer: replied 2 years ago.

Thank you for your follow up and hope you had a great day yesterday. Regarding the problem with my ex-tenant, I managed to confirm she's left and the council have paid me up to the end of this year :-) I've been in the flat which is disgusting and will be cleaning it out ove the next few days. I also found documents there that gave me her DOB as well as those of her children along with various summonses and unpaid bills. I see no point in chasing her for money I'm unlikely to ever see, but will find her new address and pass it on to the councils and companies looking for her. I'll soak up the cost which due to the council payments isn't actually too bad!

May I wish you a Prosperous and Healthy New Year.

Expert:  Ash replied 2 years ago.
Thanks for the update and I hope you had a great Chrsitmas too!
Alex