Hello my name is ***** ***** I will help you with this.
Have the keys been given up or has the room just been emptied?
I can't find the keys anywhere in the property and of course cannot get hold of the tenant :(
Ok - but do you know its been abandoned?
Without the tenant explicitly telling me this is the case, I am basing my view on the actions and scenario I have described in my original posting.
Sadly I fear you need a Court order.
The problem is if you enter, change the locks and he comes back without the keys being handed back etc, you could be liable for an unlawful eviction
Therefore I certainly would issue proceedings to avoid any doubt and make sure you are protected.
Short of him actually giving back the keys, I am not sure what other reasonable explanation there would be for this action other than abandonment! I am suggesting his actions constitute 'Implied Surrender' If I go down the court order route, how can I serve notice when I have no address to serve notice? I have his parents address, but is that sufficient. Also, if he is living at his parents, then surely that implies surrender!
I agree, but thats the problem. You dont know whether the tenant has gone and you wont know that until you enter etc.
You can serve notice at the address of the property. That is enough
But he could be living in two places, you just dont know
You can take possession, but you put yourself at risk, which is what I want to highlight to you
I have already entered the room and noted that all bedding, wardrobe, clothes, TV, skybox and other possessions have been removed. The room has been left exactly as it was prior to him taking possession.
OK - you may consider this as being abandoned - but the risk is there
Can I clarify anything else for you?
I think I've got the legal view - it's just a matter of risk I suppose. I plan to leave another message to ask the question 'has he left' etc.
Thank you, ***** ***** asssitance.