tenant has moved on but now refusing access to property

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    tenant has moved on but now refusing access to property

    Hi

    Longer time lurker, first time poster!

    Have a bit of an odd situation so is really looks for some advice from you all if thats ok

    We are in the process of putting our rented house on the market, all has been amicable with the current tenant who has moved their stuff out, moved to another rented property and has stated via text she has posted the keys through the door.... we had agreed to mutual terminate the tenancy agreement as she has found another house.... we had sent recorded delivery letter to address (not picked up) and emailed her a copy (not responded) - she had sent a text to say she will send in post

    however, the tenant has now turned around and said that we are no longer able to enter the property, neither can our estate agent and if we need to send her a section then do it????
    I think she doesn't like the estate agent who was due to collect keys and signed letter from and is now saying we have trespassed and there is no paperwork signed etc etc... even though we have texts with her to agree all times for estate agent and viewings etc

    We have been advised to put in a section 21 on the property which we have done.... even though in theory she doesn't have any keys to the property anymore so won't actually see the document (so will email her a copy as well)

    we will now have to send her a letter giving 24 hours notice for any access for viewings etc..... again i dont think she has a key so won't see them

    It just seems all a bit odd to me, she's moved on and now digging her heels in..... i can't see how she will be able to enter the property if she has no keys, she has however got some of her stuff in the garage for her to pick up at a later date.... which we were happy to agree to as we have been amicable

    just wanted to gauge opinion really, i know there is something from my googling exploits that there is something called implied surrender..... sounds like it could be relevant but not sure how to invoke this

    thanks in advance

    #2
    If she pushed the keys through the letter box you could have taken that as an offer to surrender the tenancy and accepted it.
    However, that's harder to do if the tenant claims that she didn't offer to surrender the tenancy.

    If it were me (and this isn't the best legal advice), I'd tell her that you accepted the surrender of the tenancy when she returned the keys and that the property is now under your control, so she can't refuse anyone access and can't access the property without your permission, which you aren't going to give.
    I'd get a locksmith to let me in and change the locks.

    However, a lot depends on what's been said and done since (I'd have done this when the keys were pushed through the letter box).

    One additional point, don't use signed for delivery for important documents.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      As above.....

      Comment


        #4
        Is the tenant perhaps trying to make some money by claiming illegal eviction I wonder? Someone down the pub said it could be a nice little earner...I agree with above advice...good luck
        Unshackled by the chains of idle vanity, A modest manatee, that's me

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          #5
          Something not known here is the state of the tenancy.

          Is it still in the fixed term or periodic, any notice served by either party, any deposit dispute, etc, etc.

          The standard information asked for new posts.

          You can only get a legal opinon if you give legally relevent details.

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