Tenant gone but with the keys!

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    #1

    Tenant gone but with the keys!

    HELP!!
    Mt tenant has lived at my premises happily for 3 years with no problems at all, suddenly his wife leaves him and he is unable to make rent. After no rent for 2 months i issued him with a end of tennancy notice to get out on the 6th June 2011. He signed this and agreed.
    He then calls me on 3rd May 2011 saying he has already moved his stuff out and we can meet him on Saturday 7th May to collect the keys. He never turned up. The house is completely empty (he has already given us permission to show other people round and to come and go as we please) with just some bits in the garage that looks like they need to go to the tip. The house and garden is in a right state and will cost the best part of 4k to rectify. (Deposit in DPS but he has already been told he wont get this back and he agreed).
    Can i change the locks?
    Tags: None
    #2
    When did/will his fixed term (or SPT's current month) expire?
    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

      #3
      It was only a 6 month fixed tenancy then just a rolling one??

      Comment

        #4
        By 'rolling', do you mean an SPT (Statutory Periodic Tenancy)?
        If so, the fact that T has vacated means that it stops being an AST- no longer his only/main residence- and therefore the current SPT is the final one as it cannot continue further under s.5 of the Housing Act 1988.
        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

          #5
          Yes thats what i mean, its a SPT.
          He has vacated, not a item left in that house but he wont answer our calls to return the keys. Like i say i issued him a end of tenancy so i dont know if i have to wait until the 6th June (his end of contract date) or if i can change them now.

          Comment

            #6
            Better to wait until then- but tell the property insurer that it's standing vacant.
            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

              #7
              But can i change them now because i have new tenants wanting to get in there? Its so frustrating how he can hold my keys to ransom like this, we have been nothing but nice to him!

              Comment

                #8
                If you do change the locks now, and if you do re-let now, you run a risk. No, I don't know how great it is.
                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

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