Possession order- can T surrender tenancy orally?

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    Possession order- can T surrender tenancy orally?

    My tenant will receive the possession order today (issued on Monday 26 July). If he leaves at this stage does his communication of surrendering the tenancy/property to me have to be in writing or can it be face to face or over the phone?

    I ask this because my brother is going over there early tomorrow morning and if he opens the door he will ask politely if he is going to move out and give the keys back. If he does then i want to make sure i can change the locks and not get into trouble (eg the tenant contacting the police and saying the conversation didn't happen).

    Just to note that if the tenant is there then he is likely to hand over the keys as he is on bail with a court condition that he doesn't live or sleep at my property (which i think he is still doing) and i think he'd rather hand the keys back than the police be called for breach of bail (i've been told by the criminal liason officer that he woudl be rearrested and held on remand until his trial)

    Any help greatly appreciated

    #2
    If I were you, I would leave the property be until the court order expires, and even then not attempt to gain the property back without court bailiffs unless the tenant volunteers the keys.

    A legally-aided vengeful ex-tenant could make a pretty good attempt at an illegal eviction case if he could show your actions as harassment.

    Do you want the hassle or the possibility (however small) of a criminal record?

    Comment


      #3
      you are right. just frustrating as there is also a 5 week waiting list for the bailiffs so i will be waiting 7 weeks to get my property back that he isn't legally allowed to live in!

      Two questions:

      1) if he does verbally surrender the property over the next 14 days but leaves some of his stuff, what happens if i then change the locks, store the remaining belongings, and he then claims he didn't have that conversation with me and takes me to court? Do i need something in writing?

      2) if i go there after 14 days and there are just a few belongings there but tv and clothes are gone, can i assume he has abondoned and change the locks or do i still need him to communicate that to me?

      I'm saying this because this guy is a liar, a thief and very untrustworthy (he's on bail for threatening me with a bladed weapon)

      Comment


        #4
        1. I would definately get that in writing.
        2. In the real world - yes he has gone. However, if you haven't had his keys returned, I would place an abandonment notice on the property and information about where the tenant can get keys to the new locks.

        Comment


          #5
          Thanks so so much. Can i just check what an abondonment notice is? Is it an official document?

          Comment


            #6
            Interesting Article: http://www.landlordzone.co.uk/legal/abandonment.htm

            And another: http://www.landlordzone.co.uk/blog/l...93-abandonment

            And a template: http://www.easternlandlords.org.uk/d...T_NOTICE_1.pdf

            Comment


              #7
              thanks again. So if after the 14 days he looks like he has gone and there are either no belongings or jsut a few unimportant bits left behind then i can change the locks, store his stuff in the property, (because he has already changed them months ago), put an abandonment notice on the door aand put it on the market!!!

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