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T says he moved out and deposit return demand


Irina

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Good evening.

1. Today received a letter from our T. He writes that he has moved out but hasn't returned the keys. Is it an official submission of the property or if we break the door (he changed the locks), he later can claim illegal eviction? We have applied for Warrant of Posession and paid the fee. Shall we proceed with it and enter only with a bailiff?

2. T claims that he left the flat in good condition and says that he expects his deposit back (several months in arrears and it's stated as one of the reasons for withholding a deposit in T Agreement). He's trying it on and, probably, doesn't expect deposit back, but I wonder if we should go through DPS dispute or they're too biased to trust them at all, and we should better take it to the court when we put a claim for arrears? He paid per week, and we gave him a rent book, but when he did pay, it was always into our account and he wouldn't meet. Can they pay him deposit on the grounds that we can't show the rent book, just bank statements? Does anyone have experience with DPS disputes?

3. He's a compulsive liar, twisted and very manipulative person, and we're not sure whether he's actually left (hence careful about illegal eviction). We can't believe anything he says. When we put a claim for rent arrears, shall we include it up to the date of WOP execution by bailiffs, or we can only claim till the date when he has presumably left?

Thank you. So sorry about using your expertise and not giving anything back. I will do as soon as I have some knowledge to give.

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We have applied for Warrant of Posession and paid the fee. Shall we proceed with it and enter only with a bailiff?

In this case I would say... Yes.

Mel.

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On the basis that :

1. You have not recieved notification of the ending of the tenancy in the form of a Deed of Surrender.

2. You have not received the keys.

Then I would agree with Mel.

This might help with some background info:

http://www.landlordzone.co.uk/legal/tenancies-residential/abandonment.htm

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