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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 11586
Experience:  Solicitor
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I have a property with a Tenant who has been sent to prison

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Good morning, I have a property with a Tenant who has been sent to prison a friend of the tenant has emptied the property. the Tenants is four months into a 12 month tenancy. What can I do please.
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Nothing as yet.
Assistant: Where is the property located?
Customer: Nailsea, 15 miles South of Bristol. It is a modern 2 bedroom house. Tenancy was set up under a 12 month AST
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Nothing else thank you. Marko

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Has the Tenant said that they are giving it up?

Customer: replied 2 months ago.
I have received a hand written letter from I am guessing a friend of the tenants saying they have cleared the property other than a sofa (which can be used by the next tenants) and enclosing the Tenants front door key. Assuming this is a surrender of Tenancy?

But its not signed by the Tenant though?

Customer: replied 2 months ago.
Not signed by the Tenant.

If you are unsure about claiming that a tenant has surrendered the property you can place an Abandonment Notice on the door of the property. This Notice needs to advise that the property has been deemed as abandoned and give a time – say five days – after which the locks will be changed if no contact is received.

The Notice will require the tenant to contact the Landlord within a set period of time, for example 14 days, for a new set of keys for the new locks. Once that period has lapsed, it is then possible to claim vacant possession.

Again extreme caution must be taken as claiming abandonment is still a grey area. Abandonment can only be assumed from the tenant leaving the property, taking their possessions and handing in the keys. However as surrender of the property is implied from the same actions, an Abandonment Notice may be unnecessary.

Then you can take it back. I dont think you can assume it has been surrendered as the Tenant (who pays the rent) has not given notice.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

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Customer: replied 2 months ago.
Many thanks, ***** ***** serve an Abandonment Notice anyway. Have a great day. I will post a five star rating. Kind regards Marko.