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Question

Applying to Court for Possession — Standard Procedure (England) | Ending a Tenancy (England) | England

Tenant has vacated the property before possession order has been issued

2 May 2022 | 1 comment

We applied to the Court for possession under the Standard Procedure (for possession and arrears of rent) as the tenants failed to vacate after the expiry of the Section 21 Notice (no fault eviction – assured shorthold tenancy). We attended a Court hearing last week where we discovered we had not completed the claim form N119 correctly. Rather then starting over the Judge verbally agreed to our request to amend the claim form at para 4(c) to add a claim for a mandatory order for possession. We now have to serve witness statements and a request to amend the claim to the Court and to the tenants (defendants) by 4 May 2022.

In the meantime our tenants have vacated the property so my question is can we enter the property and change the locks and take possession, or do we legally have to wait for the Court Order to be issued?

Answer

1 Comment

  1. guildy

    This depends if there’s an “intention to return”. If the tenants have handed keys back (or left them at the property), that’s fine; you can take over the property. But, if you’re not sure whether they might return in the future, you should carry on.

    Even if keys have been returned, you should continue with the claim and get the order even after taking back possession because you’ve paid the fees, and it sounds like you’re very close.

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