Hi all, grateful for your advice especially from the experienced landlords amongst you.
Summary of facts:
Tenancy: AST currently periodic, single occupier/tenant.
Tenancy start date: December 2022, fixed term 6 months
Tenancy notice methods permitted: in writing or by email
Tenancy prepared by OpenRent: Yes, with Rent Now
Tenant left: November 2025
Tenants belongings: None, property vacant
Keys returned: No
Formal notice served by tenant: No - only by WhatsApp
Rent arrears: Yes, 2 months +
After a number of attempts of asking the tenant to provide his 1 months notice to end the tenancy and getting nowhere, I engaged Landlord Action and had a Section 8 served on the tenant on the grounds of rent arrears. No response from tenant, so proceeded to an Order for Possession. This was recently granted and expired around a week ago. No response from tenant till date.
I have today made a final attempt to ask the tenant to confirm by email that they have surrendered the tenancy and given vacant possesion of the property. I have also asked them to return the keys or equally inform me if they are lost.
I’ve tried to follow the letter of the law; Do I need to do anything more to safely be back in possession of my property? If not, please advise next steps.
As the T has failed to leave by the expiry of the order, I believe you have to now apply for a warrant of possession using form N325. Are Landlord Action not advising you at this stage?
And I think you’re still wise to avoid entering the property or changing locks or anything yet.
The tenant has vacated the property and emptied it of his belongings but not surrendered the tenancy till date - it’s been over 8 months since he left.
Would you still advise to proceed with bailiffs even though there is nobody present to evict?
I suspect that without valid notice and no keys, there’s always the chance that he’ll claim that the tenancy is still in place.
I’m hoping others can chip in. My knowledge of eviction is, thankfully, all on paper. But someone with actual experience will be better placed to advise you (and back up my initial thoughts). I’m sure one of the David’s will be along shortly.
If you have evidence its been abandoned why not take possession. The fact they have left and taken all their possessions and stopped paying the rent (presumably).implies the tenancy has ended
Get proper legal advice and look at threads here on abandonment
@David122 will be able to say more but it seems unlikely they can claim tenancy still continuing.
If they had left stuff behind and were still paying rent and bills that would be different (people have eg been in that situation and in hospital or maybe i guess prison..) but i would take back possession.
To avoid any risk at all you can follow every legal step up to and including using bailiffs even tho nobody is there but it seems rather unnecessary.
That’s indeed my concern Tate.That despite all the legal steps that I have taken till now, the tenant can still somehow claim the tenancy is still in place.
I hope other landlords can provide their feedback based on their own experiences.
Personally, I would have accepted this. It may not have been formally served, but nothing to say you could not accept it, in my view.
If the Whatsapp message had been clear & concise, I would have reclaimed property 8 months ago, and persued them for rent for the ‘notice period not served’.
I’d rather not throw more money at this situation by progressing to the bailiff stage, if there is nobody there to evict. Landlord Action are of course trying to lead me to the next step of Bailiffs but without closely examining the facts, like evict who?
Notice given by whatsapp is perfectly acceptable and always was - just like an invalid notice given by tenant (eg not long enough vs what tenancy agreement says) becomes valid if the LL accepts it. Pretty sure there is caselaw on this sort of thing. @david122 may know or good solicitors would
See
Sounds like Landlord Action have been unduly cautious and cost you a lot of unnecessary £ in expenses time and lost rent.
There is nothing to stop you accepting the whatsapp notice now and RRA says notice can be given that way (tho might or might not be a legal right of the tenant to do that as was before 1 may 2026)
You then dont need to bother with bailiffs etc
I would gather the evidence of abandonment (possessions removed, rent stopped, mail piling up, no change from week to week in electric and gas meter readings) plus whatsapp notice from tenant, and ask Landlord Action to tell you what if any caselaw they can find saying A. Tenancy continues and B. Tenancy has ended as abandoned.
And then ask them to justify why they still think bailiffs needed. I think they have given you very poor advice
Life is full of risk. Every time you drive down a motorway there is a risk you could be involved in a life threatening accident. What is the risk your tenant is going to turn back up and demand possession of this property after nearly a year and being formally evicted? I would suggest it’s small enough to not worry about. Change the locks, get it readvertised. Solicitors exist to advise you on the risk - but you still get to choose how to act.
I’m likely going to have a similar situation soon with a tenant I inherited when I bought a property from a landlord. They just WhatsApped me and said they’re moving out next week. No two month notice period, no valid notice given, no actual date of moving out, they didn’t pay the rent this month, they don’t want to pay the part month rent up to their moving date and there’s no deposit to deduct from. I’m trying to get them to sign a formal deed of surrender, so at least I’ve got a clear paper trail of them leaving. But fundamentally, once they go, I’ll change the locks and start on the needed redecorating etc.
I would agree that you had reasonable evidence that the tenancy had been abandoned and ended by implied surrender. Your s8 notice does queer the pitch slightly, but in your shoes I would just take possession now. Keep detailed records of everything.
If the tenant does turn up he’ll presumably owe another 10 months rent , council tax and energy standing order costs ? . Its unfortunately another case of a big financial loss for the Landlord. ..It’s almost like a thing we do for love .
Thanks to all for your advice. I will be taking my property back into my possession at the earliest as I have enough evidence to believe that the tenancy has ended, especially as the tenant has failed to respond to me on many occasions by now.