View Full Version : Tenant’s rights after leaving the property

01-04-2009, 13:14 PM
Hi all. I would really be grateful for any information with the following questions. It’s my first time on this forum and anything would help.

My tenant had signed a tenancy agreement for 12 months in August 08. I received the deposit money which is with DPS and 1st month rent and 1 month rent thereafter. Then she stopped paying.

I went through the court proceedings and won the case, got the possession order for her to move out and pay the money owed (plus a daily rate until she moves out) by 20th March 09.

I went to the flat on 21 March and she was not there, she has left her belongings there like, a double bed (which has been taken apart), microwave, kettle, some bags of clothing squeezed in the black bags next to the bin etc… All cupboards and wardrobes have been emptied out. I have taken photos of the current condition of the flat. I also think that she left the door unlocked, but I was so stressed out at the time of going there that I am not sure now.

I have not heard from her since. She hasn't returned the key, hasn't given me written notice.

Subsequently I issued warrant of possession but I have just been advised that the appointments are being scheduled for June 09 at the earliest. I am devastated. Lost 6 months rent, cannot afford to pay another 3 mortgage payments and service charge for that property.

I tried to call her but her number was withheld so I spoke to her daughter yesterday and I said that if I would not hear form her mother by today I would assume that she does not longer want her possession back. I am nearly certain that she will not contact me.

What shall I do now?

1. Can I change the locks? And leave a note on the front door to call me if she needs to arrange a visit for her belongings to be collected? (I would place them elsewhere)

2. Shall I advise the court, bailiff and all utility companies that she does not longer live at this address? If yes, since when?

3. Would it be a good idea for me to move in to that property for a couple of weeks?

For those that normally help with this and other questions before,

mind the gap
01-04-2009, 14:25 PM
I think that if you have got a court possession order and she appears to have moved out, then you are safe to assume the tenancy has been ended. This means you can change the locks, re-decorate and re-let.

What you cannot do is just dispose of her stuff. There are regulations about this which you can read up about on various threads - search 'tenants' possessions' on this site.

01-04-2009, 14:29 PM
Many thanks for your response.

mind the gap
01-04-2009, 14:35 PM
Here's one :