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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Tenant moved by council to Temp Accommodation but tenancy not ended

8 Feb 2022 | 1 comment

Tenant is in rent arrears and also damaged the property. Did not allow anyone to go in and do maintenance. Section 8 served. Tenant on housing benefits. The rent was stopped with the current landlord purchased the property. The council has now made a payment for the period of arrears till the date tenant moved into Temp Acc.

She is now under 2 months of rent arrears. However the rent will add up as she is unlikely to make rent payments.

There is no provision in the tenancy agreement that the rent would be suspended. The tenant’s damages to the property are substantial and can take long.

Also, we have received a council tax bill that dates from the date of her moving into temporary accommodation. The Housing Team seem to panic about this.

1. I feel the tenant is still liable for the rent. Please can you confirm.
2. If not, on what grounds can the tenant claim Rent Free period and still walk into the property after the repairs.

The tenant has removed all her personal belongings except for some broken furniture.

Answer

1 Comment

  1. guildy

    From what’s described, this doesn’t sound like temporary accommodation. In particular the fact it’s empty and you’ve received a council tax bill.

    What makes you believe they have moved out temporarily and they intend to return? Have there been some discussions with the local authority?

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