Here is a question to the blog clinic from Chloe (not her real name) who is a landlord
I have been granted an order of possession to get me property back from a tenant. This ran out on Monday and when going down today it looks as though she has left the property.
I have read that I will still need to get the bailiff to come to the property in order to repossess it. Is this true? Also I am worried as she has left a tap running in the kitchen and this is causing concerns.
Can I enter the property without the bailiff
Answer
It is acceptable to use your keys to enter the property for the purpose of checking whether the tenant has left, if you have good reason to assume this (particularly if you have reason to think there is a tap running).
However, I suggest that, just in case of problems, you have an independent witness with you.
If the tenant has moved all her property and left the keys behind, it will be safe for you to repossess. However if she has left things behind or if the keys have not been returned, then it may be safer to use the court bailiffs.
In some courts, you can get a bailiff’s appointment reasonably quickly. In other courts, it could take some time.
If your property is in the area of one of the courts with a long waiting period, you will need to make a decision whether you risk the tenant returning and accusing you of re-entering and changing the locks before she had left.
It is unlikely that she will actually bring a claim against you for unlawful eviction in these circumstances but, if she has not notified you that she is leaving, it is a technical possibility, so you need to take care.
See also the post here on implied surrender.