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ja51don
29-03-2009, 12:00 PM
Hi, during this week I recieved a text off my tenant stating he would move out friday and leave keys with neighbour (mutual agreement no problems) however his Tenancy is out of agreement rolling monthly.

His rent is due 16th of the month and I have a 1 month deposit, he never paid this month so the deposit is covering the rental till 16th April still not a problem as I know the house is in good shape.

But on Saturday I call at the neighbor and she says he hasnt given the keys to her but he has moved out. I can see thru the windows the house is empty and I have been unable to contact him.

Legally can I use my key, enter the house and possibly change the locks?

Jason :)

davidjohnbutton
29-03-2009, 12:38 PM
In your shoes, I would enter the property and change the locks. You have the tenant's statement that he is moving out on Friday (can you prove it though??) and the fact that the house is empty.

The only safe way of repossessing the house would be by court order or the tenant giving up the property and handing you keys back would be a very firm indication that he is giving up the property - but your tenant has not done this. It might well be you will find the keys in the property when you enter!!!!!!

It is a risk - you have to balance the risk of going in and re-securing the place or the lengthy process of obtaining a court order. The decision is for you to make but on the face of it, you are unlikely to be sued for unlawful eviction.

If the keys are not handed back, report the theft of same to the police.