Desperate advice on awful tenant in property I'm the executor of

[jplay1]

Very long story short. For reference, I live in Manchester, property is 250 miles away in Plymouth which makes things difficult:

• Partner's Dad passed away October 2023, suffered significantly with mental health
• Property he owned was split into two flats with separate entrances. Tenant 1 upstairs, Tenant 2 downstairs
• Tenant 1 hadn't paid rent for 3 years, partners dad was too ill to solve it
• Tenant 1 had the locks changed on the doors and didn't supply partner's dad with a key
• I'm executor of the estate, and have tried to contact Tenant 1 to get him to pay rent (so a clear paper trail of no rent payments was made). Could only post letters through his door as no contact information
• Since clearing partners dad's flat, it seemed Tenant 1 was given a lodgers agreement, not AST, though by proxy I think he was now classed as an AST due to duration
• Probate granted to me last month so served a Section 8
• No response to the Section 8 so initiated court proceedings
• Neighbour called me on Sunday (7th April) to say Tenant 1 had a removal van over. He went outside and managed to convince Tenant 1 to talk to me. Said he was moving out today, reluctantly agreed to drop the keys off to next door but didn't want to as they don't get on
• Since then he's not been back (next door have camera's), but hasn't dropped the keys off
• I've tried every avenue to contact him but no response. Family member's, place of work, nothing.

Lastly, he decided to turn the water off in his flat which controls the rest of the building, so Tenant 2 has now been without running water since Sunday.

At this point, due to the lack of water for the Tenant 2 below, can I break into the property? Heaps of scare mongering of unlawful evictions etc, but I have no idea what else to do in this situation. I can't wait for a court case / eviction warrant / baliff's to get downstairs' water turned back on as that will take months?

isn’t your partners the executor?

I think the common sense thing would just be to go in and turn the water back on, if anything comes of it you could reasonably cite tenant 2’s welfare and your duty to provide him with running water .

I think I can smell gas - you may need to break in as an emergency!

so the only set of keys was with the tenant?

Tenant 1 had the locks changed so my partners dad couldn't get in, Tenant 1 had the only keys.

No, I'm the executor, partner is the beneficiary.

We've been desperately trying to get him out to get the property into an auction in May as it's haemorrhaging money. After breaking in and getting locks changed and water back on for Tenant 2, would you guys just go ahead and get the property sold?

Yes, get rid of it as soon as you can. It will be a millstone around your neck otherwise and you don't need that.

But legally, can I do that based on the above? It seems like such a grey area.

So the tenant has informed you that they have vacated the property?

Yes, verbally on a phone call that I recorded.

But did not leave any keys.

What's the issue? You issued proceedings to have tenant removed. Tenant has now left. Just get a locksmith to gain entry and change the locks. Am I missing something?

You have served notice to quit and been informed verbally by your unreliable tenant that he has left the property. This was witnessed by another neighbour. Get yourself down there and get into the flat. It's not a grey area at all, and even if it was, the lack of water for tenant 2 would cover you.

Literally everywhere online has said that the handing back of keys is the only confirmation that the tenant has left the property. Otherwise they could claim they were just away. Is this just scaremongering?

Literally everywhere online has said that the handing back of keys is the only confirmation that the tenant has left the property. Otherwise they could claim they were just away. Is this just scaremongering?

I'm also entirely new to any level of this, so really do appreciate any help!

If the phone call is recorded then that is proof the tenancy is ended.

If you google something like 'can a landlord enter a property in an emergency', get odd like;
Landlord’s right to enter in emergencies
The only time a landlord has the right to access their rental property without permission is in an emergency. This is when there is a threat to the structure of the property or to life, such as:

• A fire in the property
• Structural damage that requires urgent attention
• Water flowing from the building
• A strong smell of gas
• Suspicion of a violent or criminal incident
• A serious concern for welfare

In these circumstances, an agent or landlord must be behaving ‘reasonably’ if they enter a property. They must be mindful of how they can justify their access should it be challenged later by the tenant. As always, it is wise to obtain photographic evidence of any issue, make clear notes, log any police incident number, and get signed statements from any contractor present. Unless it is an emergency, landlords or letting agents should always contact the tenant and give at least 24 hours’ written notice before any property visits.

https://www.lettingaproperty.com/landlord/blog/landlords-right-to-access/#:~:text=The%20only%20time%20a%20landlord%20has%20the%20right,from%20the%20building%20A%20strong%20smell%20of%20gas

The other tenant not having running water might count as an emergency!
(shared stopcocks are a nightmare)

Could try CAB or even log with police 101 in case of any come back?

When you get access to the flat you will see whether he has moved out? Take lots of photos, if he has told you he’s going and he has actually gone, you can safely treat it as a surrender of the tenancy.

Flat is completely empty yes? Then they returned the keys but it broke in the lock so you had the locks changed and threw away the old lock and the keys.

If you gain entry to the property and discover that they haven't in fact moved out then you turn the water back on, leave them a key to the new lock and leave, then proceed with eviction proceedings. You aren't going to get taken to court for wrongful eviction if you don't evict them. And entering the property after they told you they have moved out is a reasonable act.

Most tenancy agreements stipulate that the tenant cannot change the locks without permission and providing a key to the landlord.

As stated above, I would be tempted to get a locksmith, and then leave a very small note on the door to say that a key is available by phoning you in order that you stay the correct side of the law. If it is empty, you are fine.

Just get tenant 2 to say they noticed the door is damaged on the property of tenant 1 and you can say you fixed it.

You must be able to enter the flat at the very least. A person cannot be left without water so in fact it's very useful that T1 switched it off.
You have a witness (neighbour) to say T1 vacated.
You have it recorded.
You will see if the flat has been emptied when you go in.
Loads in your favour!
Go to landlordzone website and ask if that is enough for you to relet/sell. They are very knowledgeable on that forum.
Good luck!

If you are wrong and T1 comes back and says 'we were just away' then what's the worst that can happen? You supply them with a new key and continue on your legal eviction route. It's totally fine. perhaps if you were setting out to be a career landlord you'd be worried about word of mouth or not being able to renew a licence somewhere down the road, but in this situation there really aren't any negative consequences of acting in error.