Tenant given notice but not handed back keys or taken belongings?

Reply to the comment left by Jonathan Willis at 01/02/2025 – 21:28
Yes
Changing the locks when there’s a reasonable belief he has gone isn’t illegal eviction.

What could be illegal eviction is refusing to give him new keys. You can side step answering such a request by saying your stuff isn’t there and allowing them to collect it. Provided they don’t press fi keys then you are ok

I had this very situation a number of years ago.

Change the locks and post a notice of abandonment.

Rather than storing the stuff I photographed and had witnessed all items of furniture and chattels and then junked them. The reason for this is that if taken to court the tenant could be awarded the value of the goods junked (which was between £2000 and £3000 if that).

That was cheaper than leaving the property empty and paying for storage.

I kept anything that might have been personal to the tenant (photos etc) for him to claim later.

Nothing ever came of it – it was a calculated (and costed) risk.

Reply to the comment left by GlanACC at 02/02/2025 – 09:02
> Nothing ever came of it – it was a calculated (and costed) risk.

But it should be like this. I know it is with the current laws, but it feels wrong not to have a clear path.

When an owner moves house anything left behind is lost, why is renting any different?

I have an interesting situation which I am going to manipulate to my advantage. A tenant has left his seaside property without giving notice but has told his friends that he no longer lives in the property and has thrown the keys into the sea. Given that he has not formally terminated the tenancy, he is still responsible for the Council Tax and rent, the latter he has not paid for several months. As I do not want the flat back at the moment as I do not have the labour to refurbish, I am going to let the situation rest and will try to get possession through the courts when I am ready. I have taken action for arrears at the last known address, i.e. my flat, and received a default judgement so he will find any future financial transaction difficult. I have also reserved a small amount of the debt to take action in five and three-quarter years.

Reply to the comment left by TheMaluka at 02/02/2025 – 10:11
Good luck, if the tenant has told the council he has moved out, even if you don’t have the keys back you will still be expected by the council to pay the council tax (voice of experience here).

There is how you interpret it and what the council expects (and they have far more money and legal beagles than you ever will)

No such thing as right and wrong with a council

Reply to the comment left by GlanACC at 02/02/2025 – 12:06
I would be asking for a council letter confirming the tenant has told them he’s moved out as it’s more ammunition further down the line.

You should get a letter if you ask (I got one) but you will also get a council tax bill dated from the day the tenant moved out and this can also be used as proof as you wouldn’t get a bill unless the tenant had confirmed he had moved out

Reply to the comment left by GlanACC at 02/02/2025 – 12:06
Telling the council they have moved doesn’t end the tenancy. The tenant must provide notice and return possession. Otherwise they’ll still be liable under hierarchy of liability, for council tax. Having an active tenancy makes them liable. Even if they end the tenancy if they remain in occupation they are higher up than the property owner. Only once vacant possession is returned to the landlord, is the landlord liable.

Now if it was a fixed term with no automatic move to a contractual periodic tenancy. The tenant could just leave on the last day, but in order to stop a statutory periodic tenancy from forming, they must still return possession of the property, i.e. the keys. If they can’t, keys lost, they would need to notify the landlord about that, they can’t just walk off because they are then still liable for rent and council tax.