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Tenant has moved out, can I gain access legally

Started by Huws85, April 23, 2017, 09:20:33 PM

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Huws85

Hi

In need of some advice. I have recently served a section21 notice to my tenant and she has agreed to leave but has done so via txt message as this has been preferred contact. Two months notice is due to end in two weeks time. She usually pays her rent cash and I collect every week, but has since stopped paying rent and is in arrears of around £1200. I have today been to the house to Make contact as I had no luck via messaging or phone calls, and the house is empty (of what I can see through the ground floor window) I have since tried to contact her further and have no idea were to go from here as communication has seem to have broken. I have also been made aware that she is living in another property to which I have details.  Legally can I enter that property and legally can I change locks as she doesn't seem to be coming back and faulting on communication?

Any advice would be great full

Thanks


Huws85

Simon Pambin

The question is whether she has actually surrendered the tenancy. If not, she is still your tenant until the end of the S21 notice period, and you may not enter the property without her permission unless it's some sort of emergency, like you think you can smell gas, or hear running water, or you're worried she might be passed out in the back room because you haven't heard from her, in which case you can go in and check . If on doing so you find she's posted the keys back through the letterbox with a note saying cheerio, then that's good enough evidence that she's surrendered the tenancy.

Failing that, you should ideally get some sort of confirmation from her, even if it's only a text. If she effectively owes you money she's probably avoiding you but if you explain the situation to her and imply that it's in her interest to let you know she's left (i.e.you won't chase her for the rent to the end of the notice period) then she might respond.

Huws85

Simon pambin

Thanks for you're reply, today I received a txt saying she has emptied the property and that was all the information off her I replied to her asking to leave the key in the property or to drop it off with me but again without reply. I have been to the property and knocked the door I opened the door and didn't step in until I realised keys had been left in the hallway, does this now give me right to go in?

Simon Pambin

Yes, that should be fine. You don't need a fancy declaration written on parchment, signed by both parties and at least three Popes. She's told you she's moved out. She's left the keys. Any reasonable observer would conclude that she's surrendered the tenancy. It's all yours now.

Huws85

Thanks for the advice hopefully I'll find a decent tenant this time round

J-Nevil

I have had a simple experience myself in the past and you are absolutely fine to enter the property. I wish you better success with future tenants.