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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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My Tenant gave me her keys back and we agreed to end the tenancy

Resolved Question:

My Tenant gave me her keys back and we agreed to end the tenancy early. I have since changed the locks on the property, The council refused to house her so now she as seen a solicitor to claim I changed the locks. Where do I stand, they seem to think I have to give her the keys back. She was three months behind i her rent and when I went in the flat, the mess and state of it I would say no one had been living there for quite a while
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

If you changed the locks with her giving you the keys back, then you would have what is known as a surrender in law, which basically means she gave up her tenancy and her rights with it.

tdlawyer :

You wouldn't have to give the keys back at all.

tdlawyer :

It could be your word against hers, especially if nothing is in writing, but at the end of the day, if the court accepts what you've said, then it's fine for you to say not to returning the keys to her.

Customer:

She Has got a solicitor and they say i have until Wednesday to give keys back because she disputes she gave me the keys back.

tdlawyer :

Then she disputes it - what is she going to do?

Customer:

They are saying if i fail to re-admit her they will submit an application to the county court for injunctive relief against me without notice.

tdlawyer :

Tell them there are no grounds to make such an application without notice - there is no exceptional urgency and if anything they should give you a short number of days notice.

tdlawyer :

They could do this though, it's not saying it will succeed, it will come down to who the court believes and what it thinks is th best thing to do at an urgent stage like this.

tdlawyer :

If they make the application without notice, they have to tell the court everything, such as why she left the house and you had the chance to change the locks.

Customer:

Do they have to inform me, so I can attend court, or should I seek to get my own solicitor

tdlawyer :

It sounds odd though that she would give the keys back without finding somewhere else to live?

tdlawyer :

They should inform you - yes.

Customer:

She was going to live with her mum she said but I think she thought the council would rehouse her.

Customer:

Would you advise me to get a solicitor on the case

tdlawyer :

Yes, I would say get a solicitor, as if they do make an application, it would be serious and it would move very quickly.

Customer:

ok Thank you.

tdlawyer :

Is there anything else I can help you with?

tdlawyer and 2 other Property Law Specialists are ready to help you

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