Evicting a tenant who's already left legally?

Evicting a tenant who’s already left legally?

Missing tenant notice on a post with house keys and a question mark symbolizing landlord uncertainty
12:01 AM, 3rd November 2025, 6 months ago 13

I’m hoping someone can help me. I originally contacted you in March when my tenant disappeared. I issued him a Section 21, which terminated in May.  The tenant is in Thailand, and he hasn’t replied to any of my messages or emails since January. He also hasn’t paid rent since December.  I’m using an eviction company to try and get my flat back, and we now have a court hearing at the end of November.

So far, everything has been regarding paperwork, the deposit, the prescribed information etc, which I feel is irrelevant. I am going to attend the court hearing along with this company, because I want to avoid any further delays in getting possession, as I’m not well. They’re also saying that even if I get a court possession, I still need the bailiffs? (when the tenant isn’t there and I have keys) and this could delay possession even more.

All my notifications were delivered to the flat directly and copied via email and WhatsApp. The problem is he never told me he was leaving and never returned the keys, so they say he is still in contract and could return at any time.

Thanks in advance for any advice.

Michele


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Comments

  • Member Since February 2024 - Comments: 71

    12:56 PM, 3rd November 2025, About 6 months ago

    I would think that even if court grant you possession you still need to use a Bailiff. There is only the tenant or the Bailiff can legally give you possession. I know it’s a faff, but if tenant did return you could be in trouble if things not done by the book.
    I assume he has left belongings in property, once you have possession I would send him notice that you have possession and give him notice that his belongings will be disposed of within so many days. Check exact number of days with the eviction specialist.
    Once you have possession change the locks. You may find something in the property giving contact details of family or friends, such as address book, I would try to contact him through them. Then you will have done all that is legally required of you.
    Doubt he will return as he would owe best part of years rent.
    Strange he hasn’t been in touch, but maybe he’s died.

  • Member Since January 2015 - Comments: 1439 - Articles: 1

    1:14 PM, 3rd November 2025, About 6 months ago

    Send him a pdf of a Deed of Surrender and that until you have this returned signed by him then he is liable for the rent, council tax and utilities AND that you will be informing Customs and Excise and Border Control so that should he attempt to re-enter the UK he will be turned away or arrested.

    He’ll probably send it back pronto.

    Should have done this in March to be honest.

  • Member Since December 2020 - Comments: 3

    1:18 PM, 3rd November 2025, About 6 months ago

    Hi, I had a similar scenario back in 2019 when my tenant went to prison and didn’t relinquish the keys to the property. I had to go through an eviction process but got my property back straight away when it went before a judge.
    I’ve just checked the paperwork on my claim and under ‘a section headed ‘what the court is being asked to do’ my solicitor made a request to ‘give the claimant forthwith possession of the property’.

    Under the order I also had to retain his possessions for 30 days and then I was free to dispose of them.

    Hope this helps!

  • Member Since July 2017 - Comments: 462

    1:21 PM, 3rd November 2025, About 6 months ago

    Silly question maybe? But how does a bailiff evict a tenant who is not there and whose last known location was not in uk and may be dead? Why not just change the locks a get a new tenant on a periodic tenancy? Put his belongings into storage. If the existing tenant comes back say he can have the flat back if he pays off all the arrears first, which of course he will not want to do.

  • Member Since February 2024 - Comments: 71

    1:47 PM, 3rd November 2025, About 6 months ago

    Reply to the comment left by Dennis Forrest at 13:21

    If tenant not there at appointed time the bailiff accesses the property by whatever means, takes some photos, presumably to prove he’s been there, then formally gives landlord possession by means of signed form and then leaves. The 2 bailiffs I have encountered have been very professional, not chatty though!

  • Member Since March 2025 - Comments: 5

    2:24 PM, 4th November 2025, About 5 months ago

    Reply to the comment left by Jill Church at 03/11/2025 – 12:56
    thanks for your reply, no he’s not dead i did check. he’s in bangkok has been playing music and singing in a group since March

  • Member Since March 2025 - Comments: 5

    2:27 PM, 4th November 2025, About 5 months ago

    Reply to the comment left by Dennis Forrest at 03/11/2025 – 13:21
    I think I should have done this at the beginning, but I was trying to do it legally. I don’t want to re-let the flat, I want to move in, as I’m not well

  • Member Since March 2025 - Comments: 5

    2:30 PM, 4th November 2025, About 5 months ago

    Reply to the comment left by Jill Church at 03/11/2025 – 13:47
    I was hoping not to have to wait for bailiffs as this could take months and I’ve already lost most of the year waiting for the court

  • Member Since October 2020 - Comments: 1162

    2:32 PM, 4th November 2025, About 5 months ago

    The tenancy doesnt end until the bailiffs return possession to you. If you can effect a surrender in some way that might save some time.

  • Member Since March 2025 - Comments: 5

    2:36 PM, 4th November 2025, About 5 months ago

    Reply to the comment left by Judith Wordsworth at 03/11/2025 – 13:14
    I did all this, problem is he doesn’t respond to any emails, phone calls, messages etc

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