Tenant not giving keys back

[MyMorningHasBroken]

We gave the tenants 3 months notice and have been very lenient so far in ended the tenancy. We needed to put the house on the market for different reasons and gave them plenty of warning beforehand which they were ok with.
They requested no viewings and that the house not be marketed at all during their stay which we have agreed to.
They agreed to give the keys back last Monday/Tuesday and have not contacted the agency this week. Then they messaged me mid week saying they would be in by today. Still nothing. It will now be going into the next month for rent (they paid up until now with me agreeing to reimburse any days.
They have apparently moved (he assured me last week they had).

Are we within our rights to deduct from the deposit somehow if they are not in today?
We live down South and the house is up North so we can't do much about it from where we are.

PS this is now on a rolling month - month tenancy as they have been there a few years so we only actually needed to give them 2 months.

Of course you should deduct the cost of the keys/changing locks from the deposit. Get your agent to do an inspection.

Can someone check whether they have moved out?

If they have you can change the locks and potentially deduct the cost from the deposit. If not you’ll have to go to court to evict them (which will take months).

Send them a message just saying
“If the keys are not returned by 4pm today we will be having the locks changed and the cost to do so will be debuted from your deposit”

If they don’t then do it.

You can’t legally change the locks if their belongings are still there.

have they actually left? did you have a check out?
if no, you might still have tennants who have a right to stay in their home...

I wouldn't warn them, you have had confirmation they have moved out.

Hopefully in writing.

Drive up and change the locks, yes it's a long way but you are screwed if they decide to move back in and not leave or sub let it.
They are keeping the keys for a good reason.

Yes - go there. Arrange to meet them at the property to do the checkout. You need to know what is going on. I suspect they haven't actually moved out and you'll need to start eviction procedures. If when you get there they are gone you can change the lock barrels. Take meter readings. Take photos.

As others say you need to be sure they are gone or you will get done for illegal eviction.

If they haven't left then start the legal process. I hope you have the right insurances.

I'm not a landlord, but if they have given you notification that they have moved out, I don't see how you can be done for "illegal eviction". Presumably any belongings you find in the property have been abandoned and you can deduct removal/disposal costs from their deposit?

Depends what can be proven.

Did you serve them legal notice to move out? Ie serve them with a section 21 notice (I think that’s the name of it) otherwise if not then they don’t have to legally move out. You will need to serve this.

Where's the agency in all of this? If they are managing it for you, they should be dealing with it. If you are self-managing (which is much harder when you're far away), then I'd contact the tenants one final time then go up.

A s21 notice is notice that the LL will commence eviction procedures once the 2 month notice period has elapsed. Most tenants move out at the end of the 2 months, some don't and the LL will then need a court order to get them out.

There's lots of misinformation on threads like this which isn't helpful to the OP, but yes what are the agents doing and you sound as though you need to get clued up and quickly OP.

Did you serve a sec21? If not they are entitled to stay. Did you protect their deposit within 30 days? If not they can claim it x3 back. Don't remove any belongings please OP even if it looks like junk. (Interference with goods act 1977). If they come back for them later you'll be sued. You have to inform them in writing you intend to dump or sell anything & give reasonable notice. If you do sell anything the money isn't yours either (but you can claim for storage). Agree agent should be sorting if you have one.

@wowfudge a s21 notice is not a notice that the ll will commence eviction proceedings once the time has elapsed. It is a notice. The proceedings that will follow from that are possession proceedings. There is a significant difference. If the tenant has stated they have moved out you really need to check by visiting the property. If the keys have not been returned check they have not been left in the property by the tenant. I really wouldn't rely on the agent for something so important you need to check for yourself. You are perfectly acting reasonably to have the locks changed and deduction from deposit for the cost. However if the T has not actually moved out, changing locks will constitute illegal eviction. A t was recent awarded over 20k in damages for illegal eviction recently. You need to attend the property to establish what is going on. Don't rely on the agent.

My point is that serving the tenant with a s21 notice doesn't mean they have to leave at the expiration of the notice period. Many people misunderstand this. A s21 notice is invalid under certain circumstances too.

wowfudge YES, I know, but you were factually incorrect and then berate people for misinformation when you have been incorrect yourself.

My bad. I've already said the OP needs to see for him/herself what is going on.

Yes serving s21 doesn’t mean that they will leave but you can’t start any further legal proceedings without having served this. Hopefully the tenants have moved out anyway and this is all a moot point!

So sorry all for not replying. Had manic few days for other reasons. Thank you for all your replies. Well they have finally been handed in and rejoicing in the fact we will never be landlords again. 😊 It's going on the market!!
The agent has done a check (non maintained agent) and been to take pics and all is ok.

Yes also their deposit was protected in the TDS.