Here is a question to the blog clinic from Jeff who is a landlord
I have a problem where my tenant has gone onto periodic as she would not sign a new AST however a section 21 has been served through the letting agency which expires within the next 7days.
The tenant is no longer living at the property and is current owing 3months rent. Once section 21 has expired if tenant does not arrange removal of goods inside property am I able to remove and put into storage in order to re-let property?
Jeff, there is a difference between the tenant no longer living in the property and the tenant actually giving up possession. If the tenant still has personal items inside and has not returned the keys then she is still ‘in possession’ even though she may be sleeping elsewhere.
In which case you cannot change the locks until after you get an order for possession. If you do the tenant can claim unlawful eviction. However it might be worth contacting the tenant and seeing what she wants to do – she may not be aware that she is still running up a rent bill.
If you are really certain that the tenant has actually vacated then clear the flat if you want but note it is always a bit of a risk. The ONLY way you can safely repossess a property without risk of a claim for unlawful eviction, other than by agreement with the tenant, is by court order. However you might want to read this post here on implied surrender.
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