Tenant changed locks and not left property after end of tenancy?

Tenant changed locks and not left property after end of tenancy?

9:27 AM, 6th February 2023, About 2 years ago 16

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Hello, My tenant’s 12 month tenancy ended over a week ago. One of them is still in situ. No more rent has been paid.

On attending the property with my agent 3 weeks ago to allow a new prospective tenant to view , it became apparent all the locks had been changed.

A section 21 has now been served.

One of the couple has returned her keys, so we now have access. But the other tenant is still in the property, as far as we know.

I am very concerned as S21 means a 2 month wait and the keys are ‘out there’.

If it appears he has left, soon, can I not regain my property and change the locks back ? My agent says no, we have to now sit it out.

I’m worried he could give the keys to anyone else, and anyone or/and he are basically squatting.

This seems awful and unfair for me, the landlord.

Any advice from anyone very welcome.

Louise


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SimonR

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10:18 AM, 6th February 2023, About 2 years ago

The end of a fixed term doesn't end the tenancy, unless the tenant gave you the correct notice to say they were vacating then the tenancy hasn't ended. There are only 2 ways for a tenancy to end, the tenant gives notice, vacates and gives the keys back or you as the landlord apply to the courts for possession.

DPT

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10:55 AM, 6th February 2023, About 2 years ago

Tenants can leave at the end of a fixed term without notice, but must tell you they've left and this should end their tenancy. If they don't all leave then the tenancy becomes periodic and both tenants are still liable. You can sue both for the rent.

Chris Bradley

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11:40 AM, 6th February 2023, About 2 years ago

If this is a joint tenancy in England then the actions of one joint tenant is binding on them all.
So in theory one tenant handing back the keys means the tenancy has ended and the other tenant is not legally in the property.

The joint tenant that handed back the keys is still liable for rent untill vacant possession is gained and maybe you should tell them that and they might help the remaining tenants move out.

If they are not joint tenants then s21 and courts unfortunately.
If in Wales rules are different now

Graham Bowcock

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15:18 PM, 6th February 2023, About 2 years ago

You post raises more questions than answers.

I wonder why you (or you agent) were expecting the tenants to simply move at the end of the tenancy. Most tenancies hold over, but have the tenants indictaed they would be leaving. I assume you have not served notice requiring possession.

If you are looking to relet the property, is it a problem if the current tenants stay?

What advice has your agent given?

You must be careful about simply taking possession - you cannot just do this unless you are clear that the tenancy has ended. Even when the s21 expires you cannot just assume vacant possession - you would need a court order.

Whilst I don't disagree with Chris's comments about ending a joint tenancy, there are nuances that you really should go through with your agent (if they are competent) or a lawyer.

shaun carter

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20:59 PM, 6th February 2023, About 2 years ago

Tenants sometimes leave, and when you discover and enter they say you entered without permission. Ask yourself who is in the right.
If unsure alway box any items of value, and then start on clean up. Be very careful with anything with trackers. Ive a tenant do a bunk last July. New tenant thought they found a internal internet booster. It was a ralk talk personnel internet box. They plugged it in so the old tenant had messege saying someone trying to enter his Internet. I had a call off old tenant saying calling police etc. I replied do that, but remember the tenancy contract you broke and extreme damage you done. Sometimes better to get rid of tenant and forget the 2000 they owe. Also tenant will accuse of expensive items still there. When they go take photos etc. This tenant left 20 bin bags out to be collected. That's a sign of proof they gone, picture taken. Legally you had calls, no proof they didn't verbally give notice; Works in your defence. After couple months if they don't collect, then donate non tracking items. In this case got boys father to go through flat and take all of value. Dont let the tenant make you stop or fire legal at you. It usually works to say if you want to cause issues lets go down legal for rent etc. They usually stop then. I study law, so any help please contact me on shauncornwall@aol.com.

Julesgflawyer

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21:17 PM, 6th February 2023, About 2 years ago

Reply to the comment left by Chris Bradley at 06/02/2023 - 11:40
I'm afraid this is wrong. The law about joint tenants is not straightforward. Please get proper advice.

Christopher Lee

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8:03 AM, 7th February 2023, About 2 years ago

Reply to the comment left by Chris Bradley at 06/02/2023 - 11:40
Do you know this for certain? I'd have thought it was completely the opposite...ie it doesn't end until all tenants have left

Chris Bradley

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9:37 AM, 7th February 2023, About 2 years ago

Reply to the comment left by Christopher Lee at 07/02/2023 - 08:03
In Wales this is now the case it's a significant change, where one tenant (contract holder) can leave the property and the remaining contract holder can take it over
The joint and several rule in England remains so the actions of one is binding on them all, providing they are listed as joint tenants.
If course in practice many landlords let a singular remaining tenant take on the agreement.

If one joint tenant leaves at the end of a fixed term, then that in theory ends the tenancy, but if vacant possession is not included then all tenants remain liable for rent until vacant possession is granted

SimonR

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10:28 AM, 7th February 2023, About 2 years ago

Reply to the comment left by Christopher Lee at 07/02/2023 - 08:03
tenancies in England are joint and several unless otherwise stated, if one of the tenants serves notice or vacates and hands the keys back then that action applies to the other tenant(s) as well. The sensible thing to do in that instance would be to check with the other tenant as well

DPT

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12:25 PM, 7th February 2023, About 2 years ago

Reply to the comment left by Chris Bradley at 07/02/2023 - 09:37
"If one joint tenant leaves at the end of a fixed term, then that in theory ends the tenancy".

That is not the case. There is only one Tenant and it comprises both people. If only 1 tenant leaves, then the Tenant hasn't left and a periodic tenancy arises for both tenants.

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