UK Landlord Forum / Life

Hi Fellow Landlords

I have a potential nightmare situation and could really do with your advice.

My tenant split up with her husband 4 1/2 months into the 6 month Assured Shorthold Tennancy and the rent has prestty much dried up.

She has found a private let to move into but the landlord is a little nervous about taking housing benefit. She has promised him 1st months rent Plus another month as a deposit and she tells me that he has accepted this.

I have confirmed in writing to her the date that she has given me as her last day and also taken the precaution of issuing her and her AWOL husband with a section 21 before the end of the 6 months has passed.

To make matters worse, not only will she owe me £450 of unpaid rent, unless she can come up with the first months rent in advance she will not be able to move in to the new place. I have offered to 'lend' her the money in return for her new TV as a deposit which she has accepted.

This is how I think things will play out on the final day.  She will load her belongings into her son's van.  I will get the keys back, I will hand her back her deposit plus her 1st months rent that she has borrowed, she will sign my 'end of tenancy agreement' (which we shall both sign) which confirms that she has received her deposit back from me and that we agree on the meter readings.  The moment that she has gone, I will change the locks and then I have 1 week until the new tenants move in.

My biggest concern is that after she has moved out, her new landlord gets cold feet and backs out. 

1.Does she have the legal right to move back into my house? 
2.If I ignore her telephone calls and she then tries to re-enter the property by force, can the Police remove her? Where do I stand?
3.Could she deny that she had ever moved out and sit in the property until the section 21 is completed? 

Please help

Best regards

Chick