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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 14134
Experience:  I have been practising for 30 years.
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I have a tem, I have a tenant in a my HMO house who I have

Customer Question

I have a tem
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have a tenant in a my HMO house who I have not seen or heard from since the 4th of October. His room is as it was nothing touched everything of his is still in the room the bed has not been slept in. None of the other tenants have seen him. I have reported him as a missing person. How do I stand with regard to all his possessions and releting the room
JA: Where is the house located?
Customer: It is in a road called Campden Crescent which is in Dagenham
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you
Submitted: 17 days ago.
Category: Property Law
Expert:  F E Smith replied 17 days ago.

Good afternoon. I will assist with your question - please be aware this is an email not chat service therefore i maybe delayed in replying.

what was the tenancy agreement?

who was paying the rent? him or benefits?

 

Customer: replied 17 days ago.
Assured Shorthold Tenancy Agreement. He was receiving part Housing and the balance he was making up. Housing have stopped his benefits and they are chasing him for over £11,000 in payments even though I received his housing benefit direct. They are going after him
Expert:  F E Smith replied 16 days ago.

If he had abandoned the property then you would need to give him a Torts Interference with Goods Act notice which is a letter sent to be under the Act which gives him 30 days (a reasonable period of time) to collect his goods after which they will be disposed of. That probably doesn’t apply here however:

You can only do that once you have possession of the property.

You are therefore going to have to give him a section 21 notice to quit at the end of the term and the section 8 notice in respect of rent arrears.

You serve those at the last known address which is the property, unless you have another address.

You may think the property is abandoned but you don’t know that. He could have gone on holiday for six months so you still have to go through the statutory process of getting an order for possession and then a warrant of possession and what you have the warrant of possession, you can open the door and the bailiffs can take all his goods out and dispose of them.

 

So you are probably going to be a couple of months away from getting him out.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

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Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES