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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 10467
Experience:  Solicitor
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I am a landlord and my tenant has recently abandoned my

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I am a landlord and my tenant has recently abandoned my property due to extreme illness. Her partner and family memebers confirmed she will not be returning. But we had not had anything official in writing. But they have returned the keys to me and cleared her belongings.
The rent was paid 12 months in advance. If I am to return the remaining funds 4/5months rent. Who do I pay to as the family members and partner are in dispute and the tenant is not in a mental capacity to make any decisions and there is no power of attorney?
The partner is threatening me with a civil prosecution for illegally evicting her which I do not believe I have.

Hello my name is ***** ***** I will help you with this.

What does the agreement say about termination?

Just to confirm you have nothing in writing from the tenant?

Customer: replied 1 year ago.
It is a standard ART with 2 months notice. But because the lady has been taken ill. I have not been able to communicate with her. I have nothing in writing.

Ok - this could be a problem then. You need it in writing from the tenant.

As such unless you get it in writing from the tenant, its possible, but unlikely, that these are any set of keys and they have had them copied.

You need it in writing from the tenant. Or if you cant get that, serve a S.21 notice yourself and get an order from possession off the Courts.

But you need it in writing from the tenant, in the absence of any contrary power of attorney.
Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Who do I serve the notice too? If she cannot make her own decisions currently.

Then you serve notice on her until you have been notified that there is a power of attorney in place. Then you serve it on them.

Does that clarify?

Customer: replied 1 year ago.
This does thank you. Does this then free me of any potential liability? and who would I reimburse the remaining rent to??

Tenant unless power of attorney. Its not anyone elses money!

Does that clarify?

Customer: replied 1 year ago.
Ok. Thank you.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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