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Question Title: Effective Surrender
| Question: 244 |
| A tenant that has been occupying one of our properties appears to have left. Can the landlord or agent enter the property and change the locks? There is some rent owing and the tenants have not surrendered in writing or returned the keys to us.
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| Answer: |
| Check with tenants if this is possible, in order to confirm that they have surrendered the tenancy. Otherwise, the safest course of action in this case is to apply to the Court for possession. Re-entry by the landlord could amount an illegal eviction case against him. Once possession has been granted the landlord can enter the property in the presence of the Court Bailiff. In order to provide evidence that the landlord has taken all possible steps to ascertain the whereabouts of the tenant and inform the tenant of her intention to commence proceedings, a written notice can be put on the tenant's door headed" Notice of Intention to take Over a Flat/House". It should be prominently displayed and contain the following information: - a declaration by the landlord stating her belief that the property has been abandoned - include dates - the landlords name and address - the name of the tenant and the address of the property - if affixed in the presence of a witness, their name should be added i.e. This notice affixed in the presence of ........on (date) - a paragraph asking anyone who knows the whereabouts of the tenant to contact the landlord - a paragraph stating that if the tenant does not contact the landlords within specific period of time, it will be assumed that the tenant has surrendered the tenancy. - advising the tenant to seek legal advice i.e. You are advised to seek legal advice immediately as you are in danger of losing your home. This is not an officially prescribed notice. It is fixed to the door to establish that the tenant has been given every opportunity to contact the landlord. If the fixing of the notice was witnessed, that person should swear a short affidavit to that effect. The notice and the affidavit can then be used when a possession action is commenced. The agent or landlord should proceed cautiously and take into consideration the circumstances of the particular case.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Jan 1998 page 15 |
letting-update-journal.html
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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