Tenant given notice but not handed back keys or taken belongings?

First step change the locks, advise the tenant, by text. They will probably reply. Then text again and say what's your new address I will bring the stuff round to you. If they want it they will text back. If they don't either store it if you can or photograph it and dump it. Look for anything valuable, usual they just leave old tat, keep that a bit longer if you can. Same any photos or stuff which may have sentimental value.Having established reasonable defence to the interference of goods act. I'd advise against the charity shop route, because they may go in and say that's my.. and it's a trigger. But no legal aid available for them. Just seen editors note. Pretty much the same thing only more eloquent

You may have to Serve a Notice of Abandonment giving the tenant 14 days to collect their possessions before you dispose (or interfere( with them.

Bet they show up on day 13 of 14 ...

Get proper legal advice before you do anything.

Whilst Julie and David's advice might be a practical solution to dealing with possession left behind, it might not be legally watertight.

As I understand it, giving you written notice may legally end the tenancy agreement.

But if they haven't demonstrated they have moved out, i.e. not handing back the keys and leaving possessions behind then this may not end their legal possession of the property.

Tread carefully.

Reply to the comment left by Steve Masters at 29/01/2025 - 11:42Yep, you are right. The only legal watertight thing is srve s21 by a contractual method of service. Then if nothing happens get the bailiffs and re let in 6 months. The Courts are not stupid, no matter how well argued a Judge will see through tenant shenanigans. You need to proceed in a reasonable manner, and document the evidence for forming a reasonable belief. Then be prepared to present that to the court if need be. Edit. If they claim to still be in possession you change the locks back. Never happens though, as itrans they accept they are still liable for rentvand council tax

And don't ask for or accept any rent from after the tenancy has ended by way of the tenants expired notice, otherwise you might inadvertently start a new tenancy. But you can accept any money offered as compensation for not vacating as promised. And call it compensation, don't call it rent.

See 'Double Rent under the Distress for Rent Act 1737'. Perhaps threaten this to get the tenants to clear their possessions and/or hand back the keys.

Once you have the keys, along with the notice then you have probably got back possession safely.

Once the possessions have gone along with the notice and the keys then you have got back possession safely.

As the tenant has given notice, then the tenancy is over. S8/S21 notice under the housing act is now irrelevant as there is no AST in place.
If the tenant hasn't left, i.e. they have returned possession of the property, then they are an overstayer not a tenant. They still retain legal possession and you would need a possession order from the court. You can charge mensi profits, (double rent) until they return possession. You can pursue this from them and their guarantor in court.
I'm unsure if you can be charged with illegal eviction for an overstayer, so you should legal proper paid for legal advice.
A Torts notice to give them 14 days is sufficient to collect their belongings, but the real issue is can you take possession so you can relet it without going to court.

The tenant has left. They have notice. The notice expired. There is no longer a tenancy in place.

Change the locks. Now. Today. Take the poperty out, takings vids as you do so. Catalogue the property

If you can store it for free (your home?), do so. Only incur expenses if you have to as you won't get it back

Then follow the professional advice given...text or write giving 14 days notice, then dispose as per the professional advice

The property isn't the issue here...them changing their mind about the tenancy is....

Keep a copy of their notice on you / in your car...lest you end up called to the premises with the tenant trying to get back in. The notice letter will convince the police through tenancy ending and will stop you getting locked up for an unlawful eviction, but if you haven't got it with you..mitll be their word against yours...

Thank you for the advice it seems a bit of a mine field but with regard to if the tenant has served notice upon which I can rely this is what has transpired in writing so far, would appreciate further opinion, interpretations.
12.11.24 states in writing 'will leave the second he can'.
13.12.24 states in writing 'the time has come to move on; am aiming 25.1.25 even though I've mostly moved out but still have my things in' (also asked for a reference hence being polite)
27.12.24 said he didn't need a reference now and would move at the end of the month and to use his deposit for this'
6.1.25 I reply to acknowledge him having given notice to end his tenancy and vacate by 25.1.25 and that a pre-check out was planned for 8.1.25.
Also, asked him to pay last rent owed.
12.1.25 I write again to inform him that an accompanied viewing on the room would be taking place on 14.1.25 . He is no longer living there according to other tenants in the flat (unregistered HMO)
14.1.25 He replies 'Thats fine I moved out a month ago. You are free to adjust anything as I grabbed essentials and left'.
14.1.25 Asked him when he would be moving his things as need to be out by midnight 24.1.25 at expiration of notice given.
21.1.24 He says CAB have advised him not to be pressurised into moving his things. (Think he has given them a story) He will leave them until he can arrange a mover so not to touch them. He also attaches copy of a letter he says he sent in December which did not arrive and suspect this was typed up following his chat with CAB but in which he states. 'I formally write to confirm I plan to leave on/by 25.1.25' and stating 'he wishes for the deposit to cover for the last month I am not there'.
27.1.25 He states in email that he will contact police if his things are touched and make a huge financial claim and includes link http://www.gov.uk/evicting-tenants/harassment-and-illegal-evictions
It looks like he is now trying to twist things so he can leave his things in the flat now gone past last day of his notice and I have issued 14 day notice after which I could move his furniture and things safely to an upstairs room as have tenant waiting for the other room and change locks. He still owes last months rent. He has been difficult tenant all along and forced two tenants to leave previously. Have loads of evidence regarding his behaviour and addressed all his complaints and whingeing re things at the flat in the past but suspect he is trying to get off of paying last months rent and saying CAB say he can sue. (he claims someone was smoking in the flat, not communal areas I understand although I haven't smelt it and sent memo round to other tenants and he says represented a fire and health hazard) etc etc. Other tenants very fed up with his continual bullying and complaining. Hasn't muted that he intends to move back in but should I change the locks and does what he has written constitute reliable notice to quit?