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finchley
10-04-2010, 12:53 PM
Hello all,

V. grateful for any help and advice - the short story:

We have a possession hearing (22nd April), the tenant tells us they have left the property and will hand the keys back to their solicitor before that date.

Can we legally change the locks and assume possession or will the tenant still in effect have the right to go in the property (and perversely take us to court for denying them access etc)?

8 months of non-payment, delays created by lying tenant and Council accommodation, real nightmare!

Many thanks

Snorkerz
10-04-2010, 15:38 PM
I would not re-enter until you have their intentions in writing and the keys from their solicitor.

finchley
10-04-2010, 15:58 PM
thank you..

Do we still need to get the possession order even when they hand back the keys? (sounds stupid but I wonder if they could claim they still have a right as we dont have a court order?)

Lawcruncher
10-04-2010, 18:11 PM
thank you..

Do we still need to get the possession order even when they hand back the keys? (sounds stupid but I wonder if they could claim they still have a right as we dont have a court order?)

Wait and see what the solicitor says.

westminster
10-04-2010, 20:50 PM
Do we still need to get the possession order even when they hand back the keys? (sounds stupid but I wonder if they could claim they still have a right as we dont have a court order?)
It's not stupid; the T still has a tenancy until you get the possession order. Get the possession order.



8 months of non-payment, delays created by lying tenant and Council accommodation, real nightmare!
Delays possibly helped by you not serving a s.8 notice the day after the second month's rent was owing and unpaid.

finchley
11-04-2010, 04:14 AM
Thanks again for helpful advice.

For brevity, I didn't go into all the background. A letting agent put a tenant in the flat we did not agree to, created a AST with that tenant as if the letting agent was the landlord, gave us an agreement AS IF the tenant was someone else and then shut up shop. They took the tenants deposit and paid is no money. We are then left with a tenant on housing benefit who did not pass it over to us. We spent 2 months negotiating with her and her solicitor, whilst being promised that we would be paid directly from the council and they would enter into a direct agreement with us. Needless to say they never paid us anything, still live in the flat, avoid emails etc and this came to light with the dodgy letting agent in September 2010.

Yes - in a sense we could have put in a S8 the day after 2 months but this was complicated by the letting agent situation, unclear ASTs and a lying tenant.