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lost keys and when we can enter the property


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Asked these questions on another forum but haven't received replies.

1. If T loses a key, can LL refuse to cooperate in any way and will it not be considered deial of entrance to the property by the T?

2.We received an eviction order. If T doesn't inform us of his intention to leave, can we enter the property after the last day, given by the court? If it looks like T has left, can we change the locks, relet, etc. or will it be considered an illegal eviction and we'd better go through bailiffs?

Thank you.

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1. The T can arrange and pay for a locksmith so not your problem. If it's accepted that you hold a key, as is usual, the T should provide a key if there is a new lock.

2. If you have good reason to believe they have departed you may enter, but this is a very grey area and could leave you open to a claim.

To be correct you should wait for the court appointed Bailiff to regain possession, but it would be for you to facilitate entry.

If the property is vacated I would retake possession myself.

I would support my belief with photo's and if possible a witness.

Talking to neighbours who may have seen removals can be good.

T's having removed themselves as responsible for utilities can be good but the scabby fly by nights rarely do, but HB ceasing payment from a date can be useful.

In short if you take possession on the belief that the property is vacated try to get demonstrable evidence that your belief was reasonable.

Edit: If the T still occupies only the Bailiff can get you possession.

If there is doubt and you change locks post a notice of how keys can be made available, photo it.

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  • 1 year later...
  • 3 years later...

If you need to get into the property quicker then it may be worth looking at using High Court Enforcement Officers rather than County Court Bailiffs. In some courts they are taking up to 16 weeks which if the property is empty and not earning rent is no good to you. 

If you need more advice on the High Court route please let me know. 



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