|
|
Question Title: Surrender
| Question: 82 |
| After some tenants had been in occupation for two months of a six month term they asked if they could be allowed out of their agreement early. The landlord agreed to release them from their contract as arrears of rent were already mounting. The tenants did not leave, despite their promise to vacate and return the keys to the landlord They are continuing to receive housing benefit in respect of the property but are not paying any of it over to the landlord. They have removed items such as curtain poles and have caused extensive damage to the property (about £600 - £700), and say that they will fight any court action using legal aid. The landlord just wants them out. What should the next step be ?
|
| Answer: |
| A tenancy is brought to an end by surrender when the landlord and the tenant(s) both agree that the tenant should yield up possession of the property to the landlord. However, even where the tenant has provided a written document declaring their surrender, the landlord would still require a court order if the tenant changes their mind and remains in property. In your case there are plenty of grounds for possession and a possession action should be started immediately. It appears that more than 8 weeks rent is now owing so the landlord would be able to rely on the mandatory ground 8 (8 weeks rent is owing), also grounds 10 and 11 (discretionary rent arrears grounds) and grounds 13 and 15 (the condition of the property and any furniture has deteriorated due to misuse by the tenants). The landlord would need to provide the tenants with a minimum of two weeks' notice, using the prescribed form, that he or she was going to apply to the court for possession. If the tenants were still in occupation and did not pay their arrears of rent the landlord could then apply to the court. If the tenants are in arrears by more than 8 weeks you should also contact the Housing Benefit office who are under an obligation to pay benefit directly to landlords where there are more than 8 weeks rent owing. This will prevent more rent arrears accumulating whilst awaiting a possession order. If a deposit is held, an amount may be retained to cover dilapidations, replacement of missing items from the inventory and to cover any outstanding rent. When a case involving housing benefit recipients goes wrong, it is often difficult to recover money even if it is awarded by the court because the tenants simply do not have the funds. This highlights the importance of insisting on a guarantor when accepting tenants in receipt of housing benefit.
|
|
References:
|
Pages:
|
Hyperlinks:
|
|
Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
|
For more information, discuss on the Forum
|
|
