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    • euronorris
    • By euronorris 9th Jan 18, 3:35 PM
    • 10,006Posts
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    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
Page 1
    • pinklady21
    • By pinklady21 9th Jan 18, 3:37 PM
    • 613 Posts
    • 423 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
    • 456 Posts
    • 412 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
    • 10,006 Posts
    • 46,693 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
    • Pixie5740
    • By Pixie5740 9th Jan 18, 3:54 PM
    • 12,190 Posts
    • 17,219 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?
    • theartfullodger
    • By theartfullodger 9th Jan 18, 3:55 PM
    • 9,592 Posts
    • 12,904 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
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    • #7
    • 9th Jan 18, 4:07 PM
    • #7
    • 9th Jan 18, 4:07 PM
    I don!!!8217;t get it, the thing you can pursue ( carpets etc)you/they won!!!8217;t

    The keys, which is £5 to change you/ they seek advice about
    • thelem
    • By thelem 9th Jan 18, 10:26 PM
    • 717 Posts
    • 524 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.
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