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When a Tenant Goes To Prison...

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When a Tenant Goes To Prison...

One of our members asked for advice using our questions facility on what to do with the belongings of a tenant who had been sent to prison. Read his summary of the responses and his situation...

"I had three responses. One response was incorrect,I believe,  saying the tenancy automatically end's.

Basically it's a nightmare for the landlord.

Firstly the tenancy needs to be brought to a end ie the tenant surrenders is the best solution. If the sentence is short ie 6-12 months it's possible housing benefit will pay to secure the tenancy. If it's longer you need to try and contact the tenant which is difficult if you don't know the prison and the case number. The other option to end the tenancy is through the court's ie section 8 or 21 but then again you have to serve this in prison.

Then you have the belongings issue once you regain the property and yet again you need to get tenant's consent to dispose of and no way can you change locks and remove belongings. Also this highlights the importance of  asking for next of kin at the beginning of the tenancy as this is very helpful, which  unfortunately I did not do.

With my situation, he was already was in arrears and I had a been to court but it had been adjourned as he claimed mental issues and disposoed of all the paperwork which I had to serve again in order for him to build a defence as he claimed he had over paid rent in the 10 years of the tenancy which he obviously had not!

So I have another hearing 5th June to get possession and bring the tenancy to the end.

So now it's the belongings. My dad went into his room on Sunday and he had luckily left a hand scribbled note saying " Warren I am sorry just dispose of everything and sell what you can as I have gone away".

My dad has checked he's taken passport, driving licence, telephone, iPad and birth certificate which will help him on release which is not in the room so he's obviously given to the prison service or for someone on the outside is holding for safe keeping!"

If you have similar experiences or alternative advice, do please let us know.

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About the author

Martin Silman

Martin began his landlord journey 30 years ago, while working in an international role for a global telecommunications company. Since retiring he has extended his portfolio, which he manages with his wife, but has always focussed on the ‘small student HMO’ sector preferring to offer homes in the community for small groups to the more common ‘pack them in and take the money’ mentality. He has chaired the PDPLA for the past 12 years and has overseen the Associations transition from small local self-help group to a much larger and more professional institution which is recognised and listened to nationally. Alongside his PDPLA role, he also has leadership roles in a number of other local organisations – bringing his unique perspective, driving for change and increased use of technology while respecting the history that brought us here.

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