When can I assume tenant has left?

  • Filter
  • Time
  • Show
Clear All
new posts

    When can I assume tenant has left?

    I've been trying to get my tenant out for months ... long story ... but think finally they may have gone. The situation is ...

    Court order in place for them to leave on 30th November, they didn't go so I requested a warrant from bailiff. Still waiting for a date.

    Looks like all the furniture has been removed 24 hours ago but there is a pile of clothes left in view and all the lights have been left on.

    When can I assume they are not coming back and when I can enter and reclaim my property?

    They've also damaged the back door, is there anything I can do about this given that they're hardly likely to leave me a forwarding address as they owe 9 months rent?

    Thank you for any help given.

    You may take action to secure the property, but you should wait for the bailiffs to give you possession as the property is still in use by the tenant.


      But isn't there something that says I can enter if I believe they have left the property? Also, is there a fire risk with all lights etc having been left on?


        Not whilst they still have a valid tenancy.

        With regard to fire risk then I can't see a problem with you entering the property with a witness for the sole purpose of turning off the lights.


          Thank you. If lights are still on tomorrow I will try to do that as it seems very odd and it is worrying. Apart from back door I have no idea about the condition of the rest of the house as they have refused all access since about March, including for gas check.

          But valid tenancy ??? Contract officially ended in June and as I said now have possession order from court for end November. Does this really still count as a valid tenancy?


            Assuming this is an AST in England/Wales, the fixed term may have ended in June, but after that a statutory periodic tenancy would arise if the tenant remained in occupation (a.k.a. 'rolling contract'), under the same terms as the expired contract (e.g. rent payable...).

            See also, Housing Act 1988, section 5:
            (1) An assured tenancy cannot be brought to an end by the landlord except by—
            (a) obtaining—
            (i) an order of the court for possession of the dwelling-house under section 7 or 21, and
            (ii) the execution of the order,
            (b) ...
            (c) ...
            (1A) Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.

            *i.e. when the bailiff executes the warrant of possession.


            Latest Activity


            • Buy to let research
              Hello fellow LandlordZone members,

              I am working on a product/platform that will give buy to let landlords/property investors increased control and financial clarity over their portfolios. There is limited research into the actual behaviour and knowledge within this area and I would therefore...
              22-01-2018, 09:19 AM
            • Competitive rent cuts
              I'm still trying to let the flat with the green tiles. This was let in its un-renovated state for £700 in 2010, so I think £850 is reasonable now. Trouble is that there is an equivalent flat here in Reading that has been on the market since November for £795. Another one has just gone on the market...
              21-01-2018, 00:24 AM
            • Reply to Competitive rent cuts
              Is that a storage heater in the hallway? I don't see the favoured words GFCH in the details - this could well be the problem of having it on the market in January.
              Could last tenants have left because they could not face another winter there?
              22-01-2018, 09:10 AM
            • Reply to Competitive rent cuts
              lol. I recently completed a complete refurb in magnolia, only for the boss to decide (in collusion with the 'selected' tenant) that it all needed to be shades of grey and a pink bedroom for her daughter,

              of course I did as I was told, grumbling all the way, BUT to be honest (and as she...
              22-01-2018, 09:01 AM
            • Rent late because of “Hacked bank account”
              late Rent after only 3 months (just after Xmas - odd that!) and my LA firstly didn’t inform me, and now say that it’s because the tenants have had their bank account hacked.
              would it be confrontational for me to ask for a letter of confirmation from the bank re the hacking issue?. Have had...
              10-01-2018, 11:19 AM
            • Reply to Rent late because of “Hacked bank account”
              if you're in the northeast of England or northwest London, please PM me the agent's name... otherwise, thanks for sharing!
              22-01-2018, 08:51 AM
            • Reply to Rent late because of “Hacked bank account”
              I did check with a solicitor. The advice was that until I was out of pocket I could do nothing. The AST stood. If tenants had not paid rent and I had made some form of loss I could sue agent for it. I was not happy at the time. Fortunately tenant was OK. I now tell everyone locally never ever to use...
              22-01-2018, 08:46 AM
            • Partner as Permitted occupier worries
              Lauren 1234
              Hi all

              Apologies if this has been answered somewhere but u have looked everywhere and can' find an answer!!

              My current landlord is selling their property so I have put an app in for a new one. I have been renting on my own for three years and not caused any problems my credit...
              21-01-2018, 12:28 PM
            • Reply to Partner as Permitted occupier worries
              Credit ref checks are only required for signatory Ts or Guarantor, but as LL I would credit ref anyone wishing to reside in my property. Explain to LL/LA in writng (dated) that you apply as sole T, but you wish your named partner/bf as permtted occupier. LL can reject your T applicaiion.
              22-01-2018, 01:49 AM
            • tenant hasn't paid last months rent
              Hi there I am in a bit of a weird situation. Basically, 1 month ago I handed my section 21 notice to the tenant to leave the property. the T should be moving out of the property mid February. The T has always paid on time and kept the house in a good and clean condition. However when I checked to see...
              21-01-2018, 13:25 PM