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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice.
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My council tenant that was served a section 21 notice in May

Resolved Question:

My council tenant that was served a section 21 notice in May that expired in July has been placed in emergency accommendation by the council. Can I now reclaim my propoerty back as she no longer their due to her ex partner causing a nuisance and damage to my property.
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was she the only tenant in the property?
Customer: replied 1 year ago.
Evening Jo,Yes she was.
Expert:  Remus2004 replied 1 year ago.
Thanks.
Do you know she has abandoned it? You have been round there and checked?
Customer: replied 1 year ago.
Yes she is no longer there. The council placed her in emergency B&B in Eltham. There has been a history of disturbance from her ex partner. She feels no longer safe at the property.
Expert:  Remus2004 replied 1 year ago.
Well, that is what she is claiming.
The question a cynical person might ask is how he gained access to her property as he didn't kick down the door!
Where a property has been abandoned there is a legal doctrine of implied surrender.
Genuine abandonment is usually signed by the tenant by the removal of his possessions, leaving the keys behind etc. Potentially leaving the house insecure. If you have evidence of that then take photographs and you can repossess without an order.
Another way to protect yourself though is to serve an abandonment notice on the property giving her seven days to make contact.
There is an argument that if there are genuine signs of abandonment you can repossess without an abandonment notice but I wouldn't suggest the risk. As you know unlawful eviction is a criminal offence and I am primarily a criminal lawyer. There are many problems in criminal law but an abundance of evidence to prove that an offence has not been committed is not one we should cry about.

Hope this helps. Please let me know if you need more information
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