Tenant Evicted s21, already left but cancelled final inspection an hour before

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    Tenant Evicted s21, already left but cancelled final inspection an hour before

    Hi all,
    I issued a section 21 notice that expires in a few days (Dec 16th).
    T has already moved out into a council property & taken all belongings. Final inspection was arranged today at 2.30pm with T & her support worker (SW)

    SW rang me an hour before the meeting time saying that T is unable to make it today but can do tomorrow. My partner has taken a day off work to accompany me to the meeting & I feel uncomfortable going alone.

    S21 expires this Sunday and SW is not available weekends, my partner is working tomorrow and Friday.

    What can I do in this situation?

    PS: I cannot ask anyone else to come with me.

    #2
    T does not have to be present for check-out, so you could have gone ahead without them

    S21 expiry does not make any difference, as the S21 itself does not end the tenancy, and has no bearing on when you arrange the check out.

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      #3
      In this case, would you say the tenancy has ended or not?

      Managed to get in touch with T and she said she can do Saturday at 1pm.

      Can I still go ahead and change locks today or wait til Saturday?

      Comment


        #4
        Do not change the locks!

        The tenant can only surrender the tenancy to you, by giving you back the keys and confirming they have left the property and taken all possessiong with them. To ensure this is legally binding, it is usually suggested you get them to sign a Deed of surrender, giving you back full responsibility for the property and ceasing their rights to it. As the S21 can only be enforced by a court order, but in this case tenant has left willingly and moved on, this is all that is necessary.

        If you can do it on Saturday, and confirm the place is emtpy and get T to hand you back the keys, tenancy will end then. Give tenant a dated receipt for the keys being returned, a copy of your check-out report and ask the SW if present, to sign it as a witness. Take written meter readings and if possible, photograph the meters themselves as proof.

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          #5
          Thank you very much for your clear advice, much appreciated.

          I will do all of this.

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