Landlord rights to reenter

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  • Landlord rights to reenter

    I am a landlord can any one tell me my rights please
    i have a house, in which there were tenants, the tenants ast has expired and they owe 3 months rent and they have moved out, but they have left there stuff in the house, i went to change the locks and they turned up threatening to have me arrested, can i take back possession or do i have to go to court ???
    They have moved out but not notified anyone and the rent arrears our building up
    can any one advise me on my rights please
    i trhought i could re enter change the locks and relet the property.
    Basicly they are using my house as free storage
    i am at my wits end can any one help

  • #2
    Well, they clearly haven't abandoned the property (as demonstrated by their contact with you), so you can't simply change the locks -- this would be illegal eviction.

    You should serve S.21 and S.8 (unpaid rent) notices, and go through the correct legal process to evict them.

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    • #3
      Originally posted by JULIEN1971 View Post
      I am a landlord can any one tell me my rights please
      i have a house, in which there were tenants, the tenants ast has expired and they owe 3 months rent and they have moved out, but they have left there stuff in the house, i went to change the locks and they turned up threatening to have me arrested, can i take back possession or do i have to go to court ???
      They have moved out but not notified anyone and the rent arrears our building up
      can any one advise me on my rights please
      i trhought i could re enter change the locks and relet the property.
      Basicly they are using my house as free storage
      i am at my wits end can any one help
      I appreciate that this is frustrating and alarming for you, but your tenants might be correct. Although they appear to have moved out, unless you served them notice or they you, the fact that they have left possessions in there could be used against you by them to try to claim that the tenancy continues.

      If that were deemed to be the case, then by changing the locks etc without a court order for possession, you do indeed lay yourself open to a charge of illegal eviction as asquithea says.

      Unless you have anything in writing from them referring to their moving out, you cannot assume that the tenancy is definitely over, I'm afraid.

      Tread very carefully.

      You will either have to agree something in writing with them (to the effect that they are surrendering the tenancy) or go through the due legal process to regain possession (and, hopefully, some of the unpaid rent).
      '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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