Can I gain access yet? Implied surrender perhaps but the keys have not been returnedMake Text Bigger
I wanted my house back to sell. I served S21 at the correct time, ie 2 months before the end of the AST.
The end date was 27th October 2014. The Tenant got a council flat. Council called me for flexibility on end date, for that week (27th was a Monday). I agreed to this, as I was abroad on holiday that week.
I gave the tenant very clear instructions by text, that I agreed to flexibility as long as that they left the house clean and left the two front door keys at the estate agent.
Came back late Monday this week, and called estate agent on Tuesday. No keys returned. Called the council and was told that tenant got their new keys the previous week, and the new tenancy officially started on Monday this week.
I have texted asking for keys to be returned, but not had a response. I have also texted her mother, and again no response.
I believe that they have vacated my house. As I understand it, they are still my tenant until they return the keys. As it has been such a hassle (long story about them being v awkward about viewings etc), I intend to bill them, and if necessary take legal action to get rent for this month as they still have the keys. They have consistently been a month late with rent since January, though this was caught up with to allow them to get a council property.
If the house is empty if I look in the window, can I then legally declare the tenancy ended at that point and enter the property and change the lock? If I do this can I still charge the month’s rent? I feel that the house will be dirty as they were meant to pay a deposit, bit did not do so. Can I also sue to claim the deposit for that?
Or do I need to evict them even though they no longer live there? So very perplexing!
All help appreciated.
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