UK Landlord Forum / Life

I have a tenant who owes over £3000 in rent.  I have served a Notice to Quit which expires at the end of this month.  If he does a flit without returning the keys, do I have right of entry, or do I still have to apply for a possession order?  Upon receipt of a possession order, if he is still there do I then apply for an eviction order and bailiffs to enforce it.  Again on receipt of a possession order can I automatically enter on the date of the possession order if \I think he has done a flit?

Just to check... is this an AST? If so you can't serve a Notice to Quit (only a tenant can do that).  You should have served either a s8 or s21 (depending on your circumstances) - is that what you meant?

In any case no legal right to enter.
If he is still there then yes, possession order and likely bailiffs.

Could you risk it anyway...?

The damages for trespass unlikely there would anything more than a stern letter from a council housing officer.

You also open yourself up to other claims like harassment (big fines) and potential criminal liability (ouch) but the reported cases are fines/penalties for landlords that have been truly violent to their tenant or thrown them out (physically even).

In short be 101% sure he is no longer there and even then bear in mind just a suitcase left in the house means he is still in "occupation".  Legally you can't just chuck his stuff away.

Possibly if there was an emergency (like you smelled gas) you could go in to mitigate the issue but no guarantees that would stand up.

Finally consider personal safety entering unannounced in case the tenant is still there.

By law you will need to have an eviction order from the court as unless you have this the police and courts will be on the tenants side.
Please remember that you are not allowed to change the locks.
I would also recommend that you put notices on the front door stating that you are taking legal action to possess the property back.