Updating post from Reddit.
So I've had a bad tenant in my flat. He moved in 4 months ago. Pretty much instant issues with payment so I've ended up needing to section 8 him. He didn't move out by the prescribed date so I then applied for a possession order. Now a few weeks later he has text saying he's moved out. What now happens with the possession order hearing? I still want to go to court so I can get a money order or CCJ put on him for what is owed. Do I just allow the hearing to happen anyway or do I need to cancel it and apply again (more money to the courts) through a different channel? Thanks
I would keep the hearing going, contact the courts to give them the situation and lock the doors if the tennant says they left the property unlocked. Mostly so you can say you followed procedure in evicting the tennant. I've seen horror stories where landlords have assumed the tennant has moved out, only to realise the tennant hadn't, and they had to scramble to backtrack.
Thanks, that is what I'm on my way to do now. I think I may need to call a lawyer about the ins and outs of the situation.
Absolutely do. I'd be tempted to text the tennant saying you've secured the property temporarily. I would not change locks if possible, but if you do have to, offer the tennant new keys via text. Definitely get legal advice as well on what to do next though. Until the judge grants possession and a lawyer says you're good to secure the property, you cannot assume the tennant will stay away.
Sorry about being negative
Has he given you the keys?
If a possession order is granted, you can accept his keys as surrender of tenancy at the end of the possession order period.
You can also ask the judge for ‘forthwith’ (immediate) possession on the basis that the tenant has moved out.
He hasn't given me the keys, he's giving some spiel about having lost them. Also texting off a different number instead of his own saying his phone is broken. I've asked to meet him in person which he isn't going to do and he has left the property unlocked.
My immediate plan is to go to the property and lock the door but not to change the locks until I receive an email or correspondence from one of the original methods of contact he gave at the start of the tenancy. I do have proof of him confirming he has moved out to a neighbour though.
Sounds a bit dodgy.
If I had enough tin foil to make a hat, it could read that he’s trying to set you up - get you to change the locks then cry foul and saying that he never messaged you and someone is imitating them.
My tin foil hat has helped me to think of that outcome as well! 😂
Go to a lawyer for legal advice, housing law is very complex and you don't want strangers giving you random tidbits of advice when they aren't legally trained and don't know all the circumstances.
Yes it's looking like that might be the best bet.
What a mess, if the tenant has left the property insecure then you can enter to secure it. If you have no keys then you can change the locks and tell the tenant they have been changed and new keys are available. (Which they won't want)
In ANY case I think you'll still need a possession order
Similar thing happened to me.... Even though they had left I couldn't formally take possession until the order had been sorted
Tbh I think them saying via text that they had moved out is as good as it gets and they've effectively handed the "keys" back
The problem with the text is that it was sent from a different number to their own. I'm trying to force their hand into sending an email from their email address they'd provided but not had anything sent through to me yet.
As others have said ensure the property is secure. Insist on a written surrender from the tenant. Without this they are still the tenant until you get your possession order. Ask the judge for a forthwith possession order on the basis they have told you they moved out.
If they don't give me a written forfeiture of the tenancy do I still ask for a forthwith possession order or do I have to wait?
Yes if you can't obtain written evidence of the tenancy agreement being ended from the tenant I'd recommend that you still get a possession order.
There's no harm in asking the judge for a forthwith (immediate) order. You'd need to show the evidence you have that they have moved out.
Rather than section 8... would it not be better to hire the local heavies to evict a Tennant promptly
I would have loved to have done that if I thought there wouldn't have been consequences!