A landlord has served a Section 21 Notice on his tenants who have an assured shorthold tenancy at Property 1 requesting vacant possession of Property 1 by 8 August 2018.
The tenants have not been in Property 1 for a while as there was a flood. The landlord therefore sourced the tenants with alternative accommodation at Property 2. The tenant’s intention was to reoccupy Property 1 once the flood had been remedied. Belongings of the tenants remain in Property 1. The section 21 notice was served on the tenants at Property 2 for possession of Property 1 (there is no dispute that the tenants have not received the notice).
The tenants have now left the keys to Property 1 with the estate agents and have left a note stating that they “are taking advice on vacant possession”.
What constitutes vacant possession? Is it enough that the keys have been returned albeit with an ambiguous note? Or should the landlord just issue possession proceedings?
It should be noted that there remains some of the tenants belongings but the Landlord suspects that this is just ‘junk’ the tenants have left behind.