How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

If a non-cooperative tenant leaves the property, locks the

Customer Question

If a non-cooperative tenant leaves the property, locks the doors and disappears, how long can i as a landlord wait before changing the locks if he decides to just leave and not officially notify me of moving out? Can he come back later and say he hasn't "actually moved out"?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

If you are satisfied that the tenant has abandoned the property then you can change the locks, but clearly there is always a risk as you say the tenant will say he had not moved out.

Alex Watts :

The safest way, albeit longer is to seek a Court order for possession.

Alex Watts :

You need to serve a notice to quit on the property, even if the tenant is not there.

Alex Watts :

Once that has expired then you can seek an order for possession.

Alex Watts :

If its for rent arrears you can do it online at: whttps://www.possessionclaim.gov.uk/pcol/

Alex Watts :

Once the Court gives an Order for possession bailiffs can change the locks

Alex Watts :

Then you know this is done properly and there is no comeback, even if the tenant says he hadnt actually moved out.

Alex Watts :

So possession is longer but safer.

Alex Watts :

Can I clarify anything for you about this today please?

Customer :

No, that's all thanks. You've been great help.

Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

just a thought, if he removes all his personal possessions, leaves just the furniture which was there before he moved in and belongs to me, his argument that he has not moved out would not really go far if he has no personal possessions there and even has a registered address elsewhere?

Expert:  Ash replied 2 years ago.
Indeed. Which is why I would always go for an order for possession every time.
Alex
Customer: replied 2 years ago.

the problem is it takes too long, courts are overloaded

can we get one of these companies that "guarantee removal" within 2 weeks etc?

Expert:  Ash replied 2 years ago.
Sadly no. You need a Court order.
Alex