Can I assume I have vacant possession

mcplumb

I'm the landlord - S21 served and notice period passed yesterday. 

Absolute zero communication from the tenant and no keys have been returned. I visited the property today and could see there is no furniture etc - Its completely empty other than a full fridge /freezer and two chairs on the balcony.

Does the tenant have to sign anything or provide acceptance of the end of the tenancy? I can't get hold of the agent or tenant and really need to confirm that they won't be back.

Can I just change the locks ? 

RAS

Did you enter the property, given you know about the fridge freezer?

Have you checked with the utilities suppliers and the LA whether the tenant has provided closing readings and transferred liability to you

mcplumb

Yes, I went in once I established the property was empty.

Frustratingly I can't get a response from the agent and only had a landline no. for the tenant. I'm not sure on the utilities and unable to check as I don't know who the current suppliers are. 

flaneurs_lobster

What are you paying the agent for? Whatever the details, being able to answer a phone when needed should be up there.

mcplumb

Agreed on the agent, but thats by the by at the moment !

Is the there a formal acknowledgement by the tenant or is that it ! Rent has been paid up to 23rd and the place is empty, so that suggests end of the tenancy 

RHemmings

This website will tell you whom the gas supplier for a property is. 

https://www.britishgas.co.uk/energy/guides/who-is-my-energy-supplier.html

I just used it to confirm my own supplier, and it didn't ask me for any confirmation of who I am etc. 

There's an online search tool for electricity too, but it doesn't end up saying who the electricity supplier is. You have to find your network operator then contact them to find who provides electricity. 

But, at least you may be able to find out who is supplying the gas.  

20122013

mcplumb said:

I'm the landlord - S21 served and notice period passed yesterday. 

Absolute zero communication from the tenant and no keys have been returned. I visited the property today and could see there is no furniture etc - Its completely empty other than a full fridge /freezer and two chairs on the balcony.

Does the tenant have to sign anything or provide acceptance of the end of the tenancy? I can't get hold of the agent or tenant and really need to confirm that they won't be back.

Can I just change the locks ? 

Do not get stung, if they have not return their keys and have not given notice (I know S21 has passed but that does not mean tenancy has ended - check out the Deed of Surrender.. ) then they are still in possession of the property regardless whether they have pay their rent or not! Tenants have a lot of rights. I would not attempt to change the locks even if it is your property but their home.  They can turn around and say xyz (and ' - a full fridge /freezer' and can take you to Court and sue. Did you let the tenant know with at least 24 hours  in writing that you will be attending the property for an inspection?  

PRAISETHESUN

I'd be chasing the agent to clarify the situation. S21 notice doesn't compel the tenant to leave the property. If the tenant hasn't given any formal notice that they intended to leave, then legally they still have a valid tenancy and you could get into lots of trouble if you try and take back the property.

Silvertabby

Never assume anything.  And, even if/when the tenants move out, check that they didn't damage the property on their way out.  

mcplumb

All resolved and the keys have now been returned to the agent. It seems they needed a couple of extra days to get everything straight !

GDB2222

mcplumb said:

All resolved and the keys have now been returned to the agent. It seems they needed a couple of extra days to get everything straight !

You were absolutely right to be cautious. Very pleased it’s worked out well.