End of tenancy - tenant still there but has somewhere else to live

domcastro

Hi all,

I'm the landlord and the fixed term tenancy agreement is ending 29th December 12pm 2014. The tenant was served a s21 3 months ago as I'm selling the property. Tenant is in 2000 arrears but this isn't what I'm writing about (!) He informs me he has picked up the keys to another place so I'm assuming he has paid the deposit and signed an agreement somewhere else. He told me if he wanted to go before Christmas (I never insisted anything) and he's pretty much ruined my week by arranging for me to go down and pick the keys up and then cancel the night before. He phoned last night and started shouting at me that I've ruined his Christmas by making him move! I told him that it was him who kept saying he was going and secondly, it's not like he actually pays any rent on the property! I've now said, I will go down on the exact time at end of tenancy and that will be that.

Last time I went down, he has broken the front door lock so he gets in with a screwdriver. So I've arranged a locksmith to come at 1pm on the 29th to sort the front door.

Now my question is, I'm worried he's not going to have moved by the 29th (he's taking his time, he's paid the rent on the other property but not mine!!) So can I change the locks? I know if he was only living at my property then I couldn't do it because I'd need to get a court order for possession but I know he's under another AST somewhere else so he's not homeless. He's just taking me for a mug.

So in summary, can I change the locks on the 29th at the official end of tenancy because I know he has another place to live which he is paying for?
thanks

mrginge

Has he given you notice?

domcastro

mrginge wrote: »

Has he given you notice?

He was served a s21 3 months ago telling him that the tenancy wasn't being renewed

mrginge

domcastro wrote: »

He was served a s21 3 months ago telling him that the tenancy wasn't being renewed

No then.
If you go change the locks you will have illegally evicted him.

domcastro

mrginge wrote: »

No then.
If you go change the locks you will have illegally evicted him.

Even though he has signed another AST with someone else?

Wouldn't he be someone else's tenant and not mine?

mrginge

domcastro wrote: »

Even though he has signed another AST with someone else?

Wouldn't he be someone else's tenant and not mine?

Ok I'm being a bit simplistic. Really it depends on what notice you have that he is leaving. Him signing another ast is not in itself enough.
You should ideally have something in writing (or other acceptable form) stating his intention to leave on x date.

...and just to add. Your s.21 does not end the tenancy.

domcastro

mrginge wrote: »

Ok I'm being a bit simplistic. Really it depends on what notice you have that he is leaving. Him signing another ast is not in itself enough.
You should ideally have something in writing (or other acceptable form) stating his intention to leave on x date.

...and just to add. Your s.21 does not end the tenancy.

I know about the s21 etc but it's the other AST that confused me. I have it in writing that he's going "middle of december" "20th december" "22nd December" "24th December" I also have it in writing that he has keys to another place

mrginge

domcastro wrote: »

I know about the s21 etc but it's the other AST that confused me. I have it in writing that he's going "middle of december" "20th december" "22nd December" "24th December" I also have it in writing that he has keys to another place

Well tbh you're probably alright then.

domcastro

mrginge wrote: »

Well tbh you're probably alright then.

It's a strange one. I thought I was "probably" ok too but it's a grey area

G_M

An individual has a perfect right to rent 2, 3 or even 10 properties at the same time. He is under no obligation to live in them (other than to comply with clauses in the agreements eg not to leave the property unoccupied for more than 45 days - usually an insurance requirement).

So the fact that he has signed another AST is irrelevant. His tenancy with you continues until either

* he gives you valid notice and leaves or

* you agree a mutual surrender of the tenancy (for safety's sake, always do this in writing) and he leaves or

* you obtain a court order ending the tenancy.

The S21 you served does not end the tenancy, it simply allows you to apply to a court to end it.

If you change the locks on 29th Dec without one of the above, you will be illegally evicting him. Bad idea.

What exactly has he written? If you have a firm, written offer by him to leave on a certain date, you can accept that offer (do so in writing), but even then if he fails to leave you would be wise to apply to court for possession, not just change the locks.

domcastro

This is what I have in writing
1. I'm looking at no later than the 20th, before if place is ready
2. I get the keys Saturday 20th so you can get the keys Monday22nd
3. (on Sunday 21st) Tomorrow afternoon would be ok. Around 2pm would be good
4 (later on Sunday 21st) Tuesday 23rd would be better
me: I can't do Tuesday
5. Wednesday 24th at 2pm
me: yes
6. (Tuesday 23rd) Day after Boxing Day?
me: 29th December Monday 12pm the official end of tenancy

I'm not "changing the locks" per se - he broke the lock so he uses a screwdriver. I live 1.5 hours away. IF he does go on the 29th, I need to put a lock on - it's not about changing locks so he can't get in