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sunray
27-02-2010, 23:45 PM
Hi

Can anyone give me some advice please. I have recently been renting out my house as I have been working away. The tenancy agreement ended today (27th Feb) and the letting agent had an appointment to do a final check and take back keys etc. I had also arranged for a family member to go along and check everything was ok. The tenents did not turn up and when contacted by the agent they said they forgot. It was then arranged for Monday. Apparently the house did not look cleaned and there were still a few things lying around (not to any value). I do not want them back in the house again as they have been nothing but trouble. Am I withing my rights to have someone change the locks tomorrow so they can't get back in, or should I leave it and let the letting agent sort it on Monday?

Thank you in advance.

mind the gap
27-02-2010, 23:47 PM
Hi

Can anyone give me some advice please. I have recently been renting out my house as I have been working away. The tenancy agreement ended today (27th Feb) and the letting agent had an appointment to do a final check and take back keys etc. I had also arranged for a family member to go along and check everything was ok. The tenents did not turn up and when contacted by the agent they said they forgot. It was then arranged for Monday. Apparently the house did not look cleaned and there were still a few things lying around (not to any value). I do not want them back in the house again as they have been nothing but trouble. Am I withing my rights to have someone change the locks tomorrow so they can't get back in, or should I leave it and let the letting agent sort it on Monday?

Thank you in advance.

Has the tenancy been formally ended and if so, how?

sunray
28-02-2010, 00:15 AM
It was the end of their 12 month agreement. They apparently moved into their new place last week, I don't know how they could forget to go and return the keys etc.

mind the gap
28-02-2010, 00:30 AM
It was the end of their 12 month agreement. They apparently moved into their new place last week, I don't know how they could forget to go and return the keys etc.

Please answer the question : had you correctly served them a section 21 Notice Requiring Possession, or did they just appear to leave the property (as they were entitled to do, of course, without giving notice)? Had they informed you (orally or in writing?) they intended to leave?

Are you saying they have still not returned the keys?

What I am trying to establish is whether the tenancy can be deemed (beyond doubt) to have been legally terminated. If there is any doubt, you would be wise not to change locks and you cannot dispose of their possessions in any case. You have to follow the correct procedures in each case otherwise your Ts could claim you evicted them illegally. In your case this seems highly unlikely, but it is wise to be on the safe side.

If you answer my question above, we may be able to advise further.

sunray
28-02-2010, 02:21 AM
Everything has been handled by the letting agents as I am not in the UK at the minute. I have a copy of a section 21 notice which was served to them when they signed the 12 month tenancy agreement. The tenents were aware, like I was they would be vacating the property on the 27th Feb. They had a meeting arranged with the letting agent at 10.30am on the last day for the agents to check everything was in order and for the tenents to return they keys. When the agent arrived the tenents weren't there, they managed to contact them and they told them they forgot, she said she would speak to her husband and get back to them, that's when the inspection etc was re-arranged to Monday afternoon.

ETA: No, the keys have not been returned yet.

mind the gap
28-02-2010, 08:37 AM
In that case it sounds as though everything is in order but if I were you i would leave it to the letting agents. It's what you are paying them for!

sunray
03-03-2010, 19:56 PM
Thanks for advice. My letting agents are useless! Whilst a family member was there on SUnday the tenant tried to gain access, when he saw there was someone there he gave them a mouthfull of abuse. We decided the locks should be changed there and then. Especially as the house is in a state, he still didn't turn up for the 2nd inspection and the letting agent told us to let it go, even though I now need to redecorate the whole house, replace my freezer and clean the property amongst other things!!
Thanks again.