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    #16
    Originally posted by zarnticolz View Post
    to answer your post poppy

    I want to

    gain access to the property

    If there is anyone in there I want them to leave

    If there is no one in there I would like to get new decent tenants in
    So go about it professionally as you have been advised, and avoid breaking the law!

    Did you understand my explanation about how tenancies may be ended?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #17
      Tenancy is only ended if you have a court order for possession or know that the T has surrendered the tenancy by handing over keys.

      If you do not have keys then a court order is the only safe way. There is risk in every other way.

      Why not put an unobtrusive seal on the door to see if anyone is using the flat. Check it after a week.

      If seal is unbroken, you could then take a calculated risk and get locksmith to change lock. You would then need to post an abandonment notice outside (attracting attention from other people) so that if the Tenant is still in the property, they can get new keys from you and you can not be prosecuted for illegal eviction. If you keep the old lock intact you can post an abandonment notice inside the property which the tenant should see if they come in. Do a forum search on abandonment.

      If there looks like someone is still in there, you applogise and get legal advice and wish you had done so in the first place.
      All posts in good faith, but do not rely on them

      * * * * * ** * * * * * * * * * * * *

      You can search the forums here:

      Comment


        #18
        Go back to basics. In the sale contract, did V sell:
        a. with vacant possession; or
        b. subject to the tenancy?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #19
          Hello all I really appreciate all your help and patience with me I guess I am on a steep learning curve. The property was bought subject to an assured shorthold tenancy which was for a term of one year and expired in 25/02/2009. So it looks like if I want vacant possesion I will have to get a possession order, which I understand I can do myself to save costs using the online service on the hmcs website. But do I need to know the names of the people in there, as the origional tenant may have moved out and let someone else in.

          Comment


            #20
            Originally posted by zarnticolz View Post
            But do I need to know the names of the people in there, as the origional tenant may have moved out and let someone else in.
            You seek possession from the tenant named on the tenancy agreement, not any unauthorized occupants.

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