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Could Tenants Claiming DPS Deposit be evidence of surrender of property?

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  • Could Tenants Claiming DPS Deposit be evidence of surrender of property?

    A bit of history first... I am first time Landlord and had an agency fully managing house, but they dropped me, as I didn't have money to pay their monthly fees, so I have had to do this myself.

    I have tenants who have not paid rent for 5 months. They have been served section 21, Section 8 and 2 Abandonment Notices, as neighbours say they don't see them at property, Tenants also signed an agreement, 8 days before leaving date, to surrender property and repay owed money. Unfortunately tenants were not at property on date agreed to return keys, therefore I can't enter building. I posted a final notice through door giving them 24 hours to contact me, which they didn't.

    I contacted DPS to tie up any loose ends before applying to court, only to be told that the tenants had already applied saying they had left property, obviously I refused this, so it was declined.

    My question is, could I use the signed surrender agreement and the DPS application as evidence to enter the property even though they haven't handed back my keys?
    Tags: None

  • #2
    Does the tenancy agreement not permit you to enter to inspect the property, usually on giving prior notice? Do you not have a set of keys?

    If the tenants have told the DPS that they have left, why should anyone doubt their word?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      Thankyou for your prompt reply.
      The tenancy agreement states I have to give 24 hours notice to enter building, but they always ignore this and are never there when I call, I've been told by many landlords that this does not give me the right to enter as I do not have their permission and legally it is an invasion of their privacy and could be classed as trespass. I am new to Landlording so not really sure what is true as online is very vague.
      I was hoping that as I have a signed surrender agreement (though it was signed before surrender of keys??) and also their application to DPS whether this is sufficient for me to enter property and change locks?

      Comment


      • #4
        Reminder:
        Originally posted by atticus View Post
        If the tenants have told the DPS that they have left, why should anyone doubt their word?
        If these tenants have said that they have left, then you are entitled to believe them and act accordingly.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment

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