Tenancy Rights

[jon2907]

I have been renting my flat since May 2006, on a 6 month then rolling tenancy agreement. Last month I received a letter from a solicitor acting on the behalf of the Halifax building society notifying me I would be evicted in 28 days time (10th Feb) as the flat is due to be repossessed.

Having contacted the solicitor it has become apparent that the flat owner had defaulted on his mortgage payments and repossession proceedings are well advanced. I contacted the agency acting on the owner's behalf (who transfers my rent to the owner) and they expressed shock etc, contacted the solicitor and confirmed that there hadn't been a mistake, apologised and advised me to make arrangements to leave.

However, I have since been contacted the flat owner who has demanded I pass him the keys before I leave and before the repossession so he can retrieve his fridge, freezer, washing machine, oven, dishwasher and radiators, carpets and light fittings!?

Do I have to allow him access to retrieve these goods or should they be repossessed with the property? And if I do allow him to take them could I be in trouble with the solicitor/bailiff who might be expecting them to be there when they gain access? And, if I don't allow him in could he start legal proceedings against me?

Many thanks

Jon

[kira000]

Are the agents proper managing agents, it sounds like they are arranging the check out/leaving process? Do they hold your deposit too?

I think you should try to put the responsibility with them and stay out of it. Obviously, you wont want to be in a flat without fridge, carpets etc, so he cant have access for that till after you go anyway.

So arrange the date for your departure with the agents, get them to do the checkout that says you left it as you took it. Ensure you have something written to say they are happy with the state, and you will get your deposit back. Then give the agents the keys. If the owner wants to get it, he can do it after you go.
Just make sure you get your deposit back, as if he is being repossesed, and he holds the deposit, you could have problems.

[jon2907]

Hi thanks for answering.

The agents have already processed my deposit (returned in full) and they're not willing to check the inventory on the owner's behalf - they don't want anything more ot do with him. They've just told me (verbally) to hand the keys to the baliffs or post them to solicitors.

I'm just worried about:

a) passing to keys to the owner, him taking his white goods or at worse damaging the flat in some way and me being held responsible

or b) not handing him the keys and his goods (if they are actually HIS goods considering he owes the bank) and him taking legal action against me.

Hope this helps

[themas]

Its the flat being repossessed, not the goods in it. If the items he wants to remove are freestanding then I don't see that they can be regarded as fitments so the Halifax would not expect them to be left. (But radiators??? - or are they floor standing electric ones?)

You won't see the bailiffs unless you are still there when they come to take possession.

I would suggest you talk to the solicitors about this, but personally I see no reason why you should not return the keys to the owner when you move out, provided this is before the repossession takes place. After all, it is still his flat until that happens.

Most important though, is for you to take a series of photos showing the condition of the flat when you leave, & showing all the items he wants to take still in place.

[kira000]

Its really not your responsibilty, so you shouldnt worry about being held accountable. Just make a note of everything that is ion the flat when you lock up for the last time, and take photos as evidence.
Take the keys back to the solicitors, with the inventory, and then you are clear of the place.

If the owner wants to discuss access with the solicitor, then that then up to him.