Can I go in and change the locks?

kevinm2k

I have had a tenant for around 2 years, always paid although never on time.

At the end of June he informed he was going to be moving out on the 27th July 2015, his month upfront would cover him until the 24th July but i was fine with him staying the extra few days so said yeah no problem. He owed me £50 from the June rent.

I had a months deposit in the DPS scheme which he asked me for on the 10th July, out of this he said he would pay the £50 he owed me and fix a little bit of damage within the property. He's been in the place 2 years so I just released it to him (not actually caring too much if I did get the £50 or the damage was fixed).

Since the 15th July, I have literally not been able to contact him, I have rang (goes straight to voicemail) I have texted multiple times.

Yesterday I went to the flat to see if he was there, and managed to look through the letterbox, it looks like he might have already moved out, I couldn't see anything of his in the flat.

What i'm wondering is what position am I in? As far as i'm concerned he said he was moving out on the 27th and now its past that date he has gone - is this an indication that everything went smooth and he has left. The only issue is that he hasn't left the keys. It is possible he has lost his phone so lost his only way of contacting me I guess but i'm not sure what to do.

Thanks
Kevin

HappyMJ

If he says he's moving out on the 27th July (with your agreement he's stayed for the weekend which is fair enough) then he's moving on that day and on the 28th July..today..you can enter the property and take possession of it whether or not you have the keys back. As long as the property is empty you can consider it yours.

G_M

I assume you have these agreements in writing?

No chance of him turning up and saying:

"Why have you locked me out of my home? I never said I was moving out? My tenancy has not ended. You do not have a court order."

??

Unlikely, but.....illegal eviction is a criminal offence.

But assuming your have written agreement regarding the date of surrender of the tenancy, then you're fine.

Mossfarr

sorry Happymj but you are absolutely wrong.
The tenancy does not legally end until the tenant returns the keys and notifies you in writing that he has left the property.

As he has notified you that he is vacating on 27th I would turn up after that day (with a witness) and pick up the keys that he has kindly posted through the letterbox for you.
I would then change the locks.
mossfarr

G_M

Returning the keys is not a pre-requisit for ending the tenancy. Certainly it is an indication, but the tenancy can end even if the tenant retains (or 'loses') the keys.

If there is a written request to surrender on the 27th from the tenant, which the LL accepeted, and the property is vacated on/before the 27th, then the tenancy has ended - returned keys or or not.

The risk is if where it is all done via vague verbal discussion........

HappyMJ

Mossfarr wrote: »

sorry Happymj but you are absolutely wrong.
The tenancy does not legally end until the tenant returns the keys and notifies you in writing that he has left the property.

As he has notified you that he is vacating on 27th I would turn up after that day (with a witness) and pick up the keys that he has kindly posted through the letterbox for you.
I would then change the locks.
mossfarr

I'm quite sure keys not being returned is not a requirement to end a tenancy. LL can claim damages for the keys not being returned but as long as all in writing and the property is clearly empty then LL has possession back.

kevinm2k

Thanks for the replies,

The only information I have off him regarding his moving out date is via text message, it was always very informal with him and he really isn't the type to throw court orders, I think the most i'd probably get is a 'my keys arent working, sorry mate, but i just have to get x out of the flat before im gone'. I do not have the keys back from him though and literally cannot get in touch.

I have tried every day since the 15th.

Looking through the letterbox the only things I could see was a couple of possible empty bottles of shampoo on the side and a toilet seat cover. The bed had been removed and I couldn't see in to the living room.

G_M

I would go in and check.

If there are possessions left inside, leave, do nothing, and we'll take it from there.

if the place is clearly empty/abandoned, change the locks and move on.

Hope you kept the text!

The lesson is in future be more formal in your dealings. Even if the tenant is 'informal' and 'really isn't the type to throw court orders,'

Even if the tenant won't write to you, you should write to him:

" Thanks for your text yesterday asking if you can surrender your tenancy on the 27th July. I will be happy to accept this and to end the tenancy on that date.

Please blah blah keys, blah...

I will do a check out inspection on 30th, and your deposit blah blah...

I trust this is satisfactory. Please confirm that you are happy wih the arrangement.

Yours sincerely

Alternatively, ring and ask to go round. Take a cake & have a chat over tea, discuss/agree the tenancy surrender, and then produce your surrender document for him to sign and date......

Innys1

Mossfarr wrote: »

sorry Happymj but you are absolutely wrong.
The tenancy does not legally end until the tenant returns the keys and notifies you in writing that he has left the property.

As he has notified you that he is vacating on 27th I would turn up after that day (with a witness) and pick up the keys that he has kindly posted through the letterbox for you.
I would then change the locks.
mossfarr

This is one of the most ridiculous things I've ever read on here.

By this logic, if the tenant never returns the keys, the tenancy has never ended and the landlord can still keep demanding rent, even if the tenant has advised in writing that they wish to end the tenancy.

Laughable.