Best practice on vacating after sect 21

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    Best practice on vacating after sect 21

    Tenants due to leave 3rd ( well section 21 issued as seeking possession after 3rd) no deposit held .

    whats the best procedure - maybe issue a checklist for ..
    how to return keys
    gas & elec reading
    LL furnishings
    Forwarding address ..

    I assume getting this also is proof that they have left.

    what happens if not vacanted - Assume I wait until 4th and visit , then start legal for possession ( sect 21)

    also when chasing for existing arrears , I know I can add court costs etc, but what do I do about after 4th, is this rent arrears or should I call it " loss of rent" to avoid it implying the tenancy is still running.

    I assume I have no right of entry until the court order is enforced , whats my responsbility regarding repairs in this time.

    The notice is a request for T to leave - they may not. if they do not then you are not able to evict without a court order. Even once the court order is granted T can refuse to leave and you need to instruct bailiffs.

    IMO a good idea is to take a friend on the eviction day (assuming it gets that bad) and photograph the state of the property. Ensure a locksmith is there to change the locks as well.

    Take electric and gas readings - you can ask for a forwarding address but T may not give it (they may not even have one at that time)

    Rent is claimable until the notice expires - after that date the correct tern is mesne profits (which is a sum identical to the rent). This will continue to be payable until you regain possession.
    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.


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