Access after s8/abandonment

[gm200316]

Hi all,
Looking for some advice.
My tenant stopped paying rent and didn’t respond when I chased this. I served both a s8 notice and a s21 notice. The s8 notice period passed but tenant didn’t leave. The tenant then confirmed that she would pay but subsequently didn’t.
The tenant then said that she would leave within two weeks and clear the arrears so asked that I didn’t incur Court costs yet. This was all confirmed by text.
I was supposed to get the keys back tonight but the tenant hasn’t respond to my last few messages.
The tenant still has keys but the property looks to be empty. There are a lot of windows open so I’m concerned that if she has gone then the place isn’t secure.
I’ve text her telling her that if she doesn’t respond within 24 hours then I will have to enter to secure the place.
Where do I actually stand?
Thanks all

[KTC]

Hi all,
I’ve text her telling her that if she doesn’t respond within 24 hours then I will have to enter to secure the place.
Where do I actually stand?

If she doesn't respond within 24 hours, enter to secure the place.

[Jon66]

I don't think i would wait the 24 hours if the windows are still open if it means people could get through the windows. If nobody is there, go in to close the windows tonight to secure the property. If it is trashed she could say it was a burglar. I think you would be ok treating it as an emergency and applying commonsense it can't be regarded as harrassment. Although was it Denning who said there is no place for common sense in the law . . .

[gm200316]

Hi KTC
thanks for the response. am I actually legally able enter as ‘written notice’ hasn’t been given yet? Would I need to do anything further first?
Regards

[KTC]

A text message is "in writing".

[gm200316]

Thanks, wasn’t sure if that was sufficient enough or not. Read a different site that it might not be and I should put a lette through the door, but in my view a text is more likely to actually get seen by her.

[DPT57]

Sounds like she's playing you. I would tell her that unless she signs an immediate surrender you will start the court case today

[Jon66]

I wouldn't do what dpt57 has suggested as that simply creates ambiguity.

[DPT57]

What ambiguity?

[gm200316]

Hi all, thanks for the responses, she has now thankfully gone and given back the keys.