My tenant has been with me for around 3 years. They gave notice on 22/1 so in line with their TA they could leave on 25/2. They have not paid the rent for February insisting that it isnt owed and also want their full deposit back.
I have negotiated that they pay for half of the month so up to and including 14th February.
On this day can I change all the locks although they still have a couple of bits left in the property. At present they have only given me back one of the keys and I think they may return and cause some problems.
The property is going to be sold so I am doing short term AirBnb in the meantime.
Erm have you also negotiated and agreed with the tenant that the tenancy ends on 14th February? If not it doesnt and carries on till whenever it would based on the notice and the TA.
If youve negotiated they pay up to 14th for rent, rhe tenancy will then end on 14th when they actually hand over all the keys. Dont change locks before.
If you change locks before the tenancy ends you may have to give them a copy of the new keys if they need it or be at risk of prosecution for illegal eviction which is a criminal offence that carries a large fine and/or prison sentence
To be legally watertight you need the negotiated agreement properly documented. If possible get them to sign a deed of surrender doc surrendering the tenancy on 14th. Then you have a good legal basis. A lawyer can draft for you. They will advise you how best to do it.
I would be communicating with tenant making sure they have same understanding as you that as they have paid up to 14th, any access you allow after that to retrieve their belongings is not a continuation of the tenancy which ends on 14th, it is you being helpful, and you will be changing locks on 15th and they will have to agree a time /date for you to let them in to retrieve theur things. If they agree that in writing you may be ok without the full legal deed of surrender but it would be at your own risk obviously. Or just wait till 26/2 before air bnb ing or changing locks