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INC Law
INC Law, Solicitor-Advocate
Category: Law
Satisfied Customers: 15059
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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We are landlords and have served notice on a property.

This answer was rated:

We are landlords and have served notice on a property. Before starting court proceedings we agreed (via a Homeless Officer) to a 2 week extension to the notice in order for the Council to find alternative premises for the tenant - this expired Monday 10th Feb. A new property was found. Tenant asked if she could keep the keys until Thursday 13th in order to 'get everything sorted' and a time was agreed on to collect the keys/do final property inspection.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: When we arrived, the house was in complete disarray and the laminate flooring had been lifted and was in a car belonging to tenant's friend. We asked that the flooring was put back into the house and informed them that they were stealing. They drove away. Police informed. Police Officer advised us to empty the contents of the house to the outside of the property and change the locks. This seems rather unethical? Are we within our rights to store the tenant's possessions safely and securely and change the locks? We are concerned that the longer the tenant has access to the property further damage and/or theft could occur.
JA: Where is the house located?
Customer: Blyth, Northumberland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, I think that summarises our plight

Hi,

Thank you for your query. Are you sure the tenants have vacated the property?

Customer: replied 4 months ago.
Beds and other necessary furniture have been removed. She has had the keys for her new property for several days and was waiting for the CP12 certificate - this was done on Wednesday (12th). Remaining items (though vast in it's quantity) mainly consists of: clothing, toys, parts of a settee and masses of 'clutter'. As far as we are aware she is now residing at the new property.

Hi,

If you are sure she has left the property, you would be well within your rights to store their items and change checks. However, you need to be sure that they no longer reside there.

If they are still living there, it can be seen to illegal eviction if they have not fully left.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

many thanks

Customer: replied 4 months ago.
Is there a definition as to what constitutes 'living there' or 'fully left'? I am quite confident in saying no-one is sleeping there any longer & I know she has another house. The amount of 'stuff' that remains in the property however causes some ambiguity as to whether I can confidently declare she has 'fully left' - her intention (i believe) is to remove the belongings, but we have no idea how long this will take and we are concerned that she will steal further items (lounge laminate has already been taken, as have the majority of blinds from windows).

Hi,

Living there would mean that they are ordinarily resident there.

If it is just clothing and some other items, I am of the opinion that you can collect their items and store them for collection.

This would give you access to the property as they have already left.

Further, if they are still holding on to the keys, they should.be liable for rent until keys are returned.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

INC Law and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you very much for your help.

It's a pleasure.

Good luck!