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Member said: Posted on: 28/10/2008 00:00

A court hearing on one of the properties we manage was held yesterday and a re-possession order granted. This is the first time we have faced this situation. The judge advised the tenants not to pay any more rent. When does our role as agent end? Has it ended with the granting of the order or does end with the execution of the order 28 days after the possession order has been granted. On previous advice, we have not passed on the last month's rent collected to the landlord as we were aware of the possession proceedings and realised the landlord was not using rent collected to pay the mortgage. We have told both tenants affected and the landlord of our approach. We want to deal with this situation fairly while protecting our own position. We seek advice on the following issues: a) When does our role as agent end in re-possession cases. b) When do we return the tenants' deposits (immediately without a check of the property or do we do a check of the property as if the tenants were leaving and then return them?) c) What do we do with the rent collected to date (return it to the tenants for any period paid for after the possession order has been granted?) d) The gas safety certificate expires this week. If our role has ended, do we point this out to the tenants and the lender in writing? So much seems to rest on the date our role as agents ends, so grateful for advice and views as there will be similar situations arising up and down the country.

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