Landlord unsure if tenant has left property at end of NTQ
Sarah* is a landlord who had issued an NTQ to her tenant. After the NTQ expired, the tenant did not contact the LL, nor did they hand the keys back, etc.
About ten days had passed since NTQ had expired. Sarah had driven past the property the previous day and noticed that parcels had been left at the door and had not been brought in. She was also concerned that a window was left open upstairs.
Sarah also spoke to some neighbours, who said they had recently seen the tenant and her partner carrying things out of the property.
The challenge
Can the landlord assume the tenancy is over and go and change the locks and clear out the house?
Our advice
- The landlord cannot assume that the tenancy is over.
- Tenant may still be living in the property or still have her belongings there.
- Ultimately, the landlord must receive confirmation from the tenant that the tenancy has finished, and the tenant has moved out.
- At this stage, the best course of action is to contact the tenant to find out what is going on.
- If the tenant has not moved out and has no plans to do so soon, the only way to end the tenancy legally is to follow the proper legal process. Now that the Notice to Quit has expired, the next step is for the landlord to contact a solicitor to initiate the court process.
- If the landlord simply changes the locks, it may be considered an illegal eviction. The landlord risks being prosecuted and fined up to £5,000 if she does this.
*Name has been changed to protect privacy