Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • euronorris
    • By euronorris 9th Jan 18, 3:35 PM
    • 9,982Posts
    • 46,586Thanks
    euronorris
    Tenant retained keys
    • #1
    • 9th Jan 18, 3:35 PM
    Tenant retained keys 9th Jan 18 at 3:35 PM
    Hi All


    Colleague was renting out her property to a friend, and as such she and her husband didn't get a contract or deposit (I know, I know).


    Anyway, they've since fallen out as the state of the property became evident after this woman vacated. They'll have to replace carpets and repaint etc, and from what I can tell online, they won't be able to get any money from her towards the costs because of the lack of deposit and contract.


    However, the main issue now comes in that the tenant hasn't returned the keys and is ignoring all contact attempts. Where do they stand with this? Is the tenant still liable for rent whilst she retains keys? Or is that only if a signed tenancy agreement is in place. I'm not thinking of them enforcing this, but the threat of it might kick her into action to return the keys.


    If not, and she continues to ignore all contact attempts. Can they simply change the locks, or would they then be in breach of this? What action should they then take if keys still not returned, tenant not responding and they're not allowed to change locks?


    TIA x
    September Wins: 4 Cartoon Network Graphic Novels, Tommee Tippee Sangenic Nappy Bin
    October Wins: Aquaplane, LittleDish Halloween 'Play Prompts' and a box of GoGos, A 'sweet treat', Set of Karpaults
    November Wins: 50p (Quidco), Bee's Adventures In Cake Decorating Book
Page 1
    • pinklady21
    • By pinklady21 9th Jan 18, 3:37 PM
    • 356 Posts
    • 227 Thanks
    pinklady21
    • #2
    • 9th Jan 18, 3:37 PM
    • #2
    • 9th Jan 18, 3:37 PM
    Has the tenant vacated?
    Then yes, change the locks immediately.
    But - make sure the tenant really has gone, or there could be all sorts of hoopla.
    Read up on Tenancy Abandonment.
    • PersianCatLady
    • By PersianCatLady 9th Jan 18, 3:41 PM
    • 421 Posts
    • 387 Thanks
    PersianCatLady
    • #3
    • 9th Jan 18, 3:41 PM
    • #3
    • 9th Jan 18, 3:41 PM
    As long as the tenant has vacated then change the locks and then she doesn't need to worry about it any more.
    • euronorris
    • By euronorris 9th Jan 18, 3:50 PM
    • 9,982 Posts
    • 46,586 Thanks
    euronorris
    • #4
    • 9th Jan 18, 3:50 PM
    • #4
    • 9th Jan 18, 3:50 PM
    Thanks for the quick reply. I have found an informative article on tenancy abandonment and sent it to her to read.


    Thanks again x
    September Wins: 4 Cartoon Network Graphic Novels, Tommee Tippee Sangenic Nappy Bin
    October Wins: Aquaplane, LittleDish Halloween 'Play Prompts' and a box of GoGos, A 'sweet treat', Set of Karpaults
    November Wins: 50p (Quidco), Bee's Adventures In Cake Decorating Book
    • Pixie5740
    • By Pixie5740 9th Jan 18, 3:54 PM
    • 11,349 Posts
    • 15,962 Thanks
    Pixie5740
    • #5
    • 9th Jan 18, 3:54 PM
    • #5
    • 9th Jan 18, 3:54 PM
    Has the tenant definitely vacated i.e. did the tenant serve notice to end the tenancy or has a court granted a possession order?

    Tenancy agreements in England and Wales do not need to be written down. If your friend accepted rent in exchange for the tenant having exclusive occupation of the property a perfectly valid Assured Shorthold Tenancy existed/exists?
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • theartfullodger
    • By theartfullodger 9th Jan 18, 3:55 PM
    • 9,232 Posts
    • 12,248 Thanks
    theartfullodger
    • #6
    • 9th Jan 18, 3:55 PM
    • #6
    • 9th Jan 18, 3:55 PM
    The colleague should read this..
    http://www.landlordlawblog.co.uk/2017/11/30/implied-surrender/

    - Tenant sounds as though they have left under "implied surrender".
    • Comms69
    • By Comms69 9th Jan 18, 4:07 PM
    • 1,797 Posts
    • 1,621 Thanks
    Comms69
    • #7
    • 9th Jan 18, 4:07 PM
    • #7
    • 9th Jan 18, 4:07 PM
    I don’t get it, the thing you can pursue ( carpets etc)you/they won’t

    The keys, which is £5 to change you/ they seek advice about
    • thelem
    • By thelem 9th Jan 18, 10:26 PM
    • 667 Posts
    • 471 Thanks
    thelem
    • #8
    • 9th Jan 18, 10:26 PM
    • #8
    • 9th Jan 18, 10:26 PM
    I donít get it, the thing you can pursue ( carpets etc)you/they wonít

    The keys, which is £5 to change you/ they seek advice about
    Originally posted by Comms69
    It doesn't sound like the question is about the keys themselves, rather it's about whether by retaining the keys the tenant also retains some right to use the property.
    Note: Unless otherwise stated, my property related posts refer to England & Wales. Please make sure you state if you are discussing Scotland or elsewhere as laws differ.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,558Posts Today

8,841Users online

Martin's Twitter
  • RT @bigmickwelsh63: @MartinSLewis Already done it.... donated my kidney to my brother almost 30yrs ago. Not sure if I would have done it fo?

  • Today's Twitter poll: Following yesterday's poll about being an organ donor when you die - would you consider being? https://t.co/tCTWjJBin8

  • RT @clq: @MartinSLewis You hit that one right out of the park. It might be the Tweet of the Century. I don't think anyone can do any Batter?

  • Follow Martin