One of the essential terms you should understand as a landlord is vacant possession. Vacant possession refers to the legal requirement for a tenant to return the property to the landlord in a completely empty state, free of people, possessions, and rubbish.

In this article, we’ll explore everything you need to know about vacant possession, including what it means for landlords, how to obtain it, and what can happen if you fail to obtain it.

What does Vacant Possession mean for Landlords?

Vacant possession is a legal requirement for landlords when ending a tenancy agreement. It means that the tenant must vacate the property and leave it in a completely empty state, free of people, possessions, and rubbish. Landlords need to obtain vacant possession to regain control of the property, and failure to obtain it can result in legal disputes and financial loss.

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How to Obtain Vacant Possession as a Landlord

Obtaining vacant possession can be a straightforward process if you follow the correct procedures. Here are some essential steps to follow:

• Serve a valid notice: To terminate a tenancy agreement, you need to serve a valid notice to your tenant. The notice period will depend on the type of tenancy agreement and the reason for termination. You can serve a notice to quit, section 8 notice, or section 21 notice.
• Schedule a property inspection: Once the notice period has expired, you should schedule a property inspection to check the condition of the property and identify any issues that need to be addressed before the tenant vacates.
• Communicate with your tenant: Communicate with your tenant and confirm the date they will vacate the property. Ensure they understand the requirement to leave the property in a completely empty state.
• Conduct a final inspection: Once the tenant has vacated the property, you should conduct a final inspection to ensure that the property is in the same condition as when the tenant moved in, as this may determine how much of their deposit is returned.

What Happens if You Fail to Obtain Vacant Possession?

Failing to obtain vacant possession can result in legal disputes and financial loss. If your tenant refuses to vacate the property or leaves possessions or rubbish behind, you may need to take legal action to regain control of the property. This can be a lengthy and expensive process, and you may also be liable for any damage caused by the tenant.

FAQs

1. What if the tenant leaves possessions or rubbish behind?

If the tenant leaves possessions or rubbish behind, you may need to take legal action to remove them. You can also deduct the cost of removing the possessions or rubbish from the tenant’s deposit.

2. Can I change the locks before the tenant vacates?

No, you cannot change the locks before the tenant vacates. Doing so is considered illegal eviction and can result in legal action being taken against you.

3. What if the tenant refuses to vacate the property?

If the tenant refuses to vacate the property, you may need to take legal action to obtain possession. This can be a lengthy and expensive process, and you may also be liable for any damage caused by the tenant.

Conclusion

As a landlord, understanding what vacant possession means is crucial for avoiding legal troubles and ensuring a smooth tenancy termination process. Remember to serve a valid notice, schedule a property inspection, communicate with your tenant, and conduct a final inspection to ensure the property is in the same condition as the start of the tenancy.

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