Possession Order

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  • Possession Order

    I have a possession order. The time given for the tenant to vacate has passed. Would it be best to get the bailiffs in by issuing a warrant or simply go to the property and change the locks since I believe that the tenant has moved out.

  • #2
    If the tenant is no longer at the property, I believe it is safe for you to simply change the locks.
    You may not discard any of the tenant's belongings left there, if any, though.

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    • #3
      Originally posted by moo View Post
      I have a possession order. The time given for the tenant to vacate has passed. Would it be best to get the bailiffs in by issuing a warrant or simply go to the property and change the locks since I believe that the tenant has moved out.
      Presuming the keys have not been returned to you, the only safe way forward is to engage court bailiffs (and a locksmith if you don't have keys) and let the bailiffs give you vacant possession. However, that will take weeks to organise.

      Slightly quicker would be to contact the tenant and arrange to meet to hand over the keys and sign a deed of surrender.

      Failing that, If the property is totally empty, then many people would risk it and change the locks as soon as possible - to prevent squatters getting in.

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      • #4
        Originally posted by Snorkerz View Post
        Failing that, If the property is totally empty, then many people would risk it and change the locks as soon as possible - to prevent squatters getting in.
        If the tenant has vacated, I believe that there should be no risk in changing the locks, whether the keys have been returned or not (?)

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        • #5
          Originally posted by jjlandlord View Post
          If the tenant has vacated, I believe that there should be no risk in changing the locks, whether the keys have been returned or not (?)
          I agree, if the property is totally empty. However, if there is a tatty old sofa or bed left behind, it becomes more difficult to totally prove that the tenant is no longer in residence. Maybe I'm over cautious, I did say that many would risk it.

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          • #6
            I see your point, thanks.

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            • #7
              There are some old items of furniture at the property. If I change the locks (which I think I will do) how long do I have to wait and how long do I have to try and make contact with the tenant (who is ignoring my emails, phone calls and text messages probably because he owes quite a lot of rent which I will sue for separately) before I can get rid of the furniture?

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              • #8
                The bad news is here: http://www.landlordzone.co.uk/uncollected_goods.htm

                As the property is not empty, you really should be contemplating waiting until the bailiffs do their stuff.

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