Are They Going Or Not?

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Dave -

Hi, we have a property let under an ast to a couple. They moved in on 8th August under a six month initial. During October they verbally asked us to leave so breaking the contract early. The tenancy has a guarantor and we stated we would be happy providing they, or the guarantor paid rent until we found a new tenant during the initial period. We also asked them to put it in writing - they did not.

The guarantor is indeed paying the rent but the tenants are not. The rent is however up to date.

Two weeks ago they moved out. We posted notice through the door to enter the property and, once it expired, entered the property to identify that all possessions (apart from the odd shoe and item of clothing scattered around) had been removed. The meter had a debt of 10p on it. We posted an abandonment notice.

The tenant telephoned us to state they had not abandoned the property. They stated they wanted to give us notice as they had found alternative accommodation. We asked them to put it in writing. They have not. We have written to them at the ast address to confirm the property has notbeen abandoned.

Can we accept their verbal notice? Can we write to them at the ast property (we have no forwarding address) to confirm this and re-take the property back after one calendar month?

We cannot evict under S8 mandatory as they are not in arrears. Our desire to end the tenancy is to limit the losses of the guarantor and to protect what is now a clearly unoccupied property.

Do you have any helpful ideas or are we limited to a S21 notice?

18/11/2008 00:00

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