Question

Abandonment

by | 28 Jul 2017

Tenants owe 2 months rent. No notice has been given. There is evidence that they have been given a council house so the house is not their principal residence. The locks have been changed. I have their solicitor’s details. How should I proceed to take possession quickly? Can I enter the property by force if I give 24 hours notice of an inspection?

Answer

3 Comments

  1. guildy

    Without keys it is very risky indeed to think they have abandoned. Especially if items remain.

    Just because it may not be their principal home doesn’t mean there still isn’t a tenancy and a court order is still required.

    Until you know for sure we would ignore any thoughts you may have and just assume they are living there as normal. This makes obtaining an order quicker and easier.

    You should serve a section 8 and 21 and follow the court route. If you get some formal confirmation from the tenant (ideally keys) then you are okay. Until then a court order is required.

    • 489

      Should I serve the court documents to their solicitor as I have no forwarding address and serving the notice to the property would probably not reach them?

      • guildy

        We would serve at property because for the time-being your assumption has to be they are still living your property.

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