Tenant pressing charges

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    Tenant pressing charges

    Hi all,
    My tenant gave verbal permission to the plumber to be allowed access to the property and is now saying that he didn't and is accusing us of breaking tenancy law by accessing the property.
    he has now said that items have been stolen from the home and he will be pressing charges.
    we are seeking legal advice tomorrow but has anyone had issues with a similar situation?

    #2
    It's all bluster. Forget about it and evict tenant.

    Comment


      #3
      Ask him for the crime reference number that he got from the police when he reported the theft (obviously he reported it before contacting you).

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        #4
        Police won't be interested in my opinion
        Unshackled by the chains of idle vanity, A modest manatee, that's me

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          #5
          Whether the police will consider taking on the case will depend on what has been stolen (and what evidence there is as to the culprit).

          However, for you to be prosecuted for burglary, as well as access to the premises not having been permitted, they will have to demonstrate that either you were present with the plumber and either took the property, or had a reasonable expectation that something would be stolen, or you would have had to conspire with the plumber.

          There don't seem to be allegations of harassment or illegal eviction, and simply entering without intending one of those or to commit another crime, would be a civil matter.

          I assume you made the usual checks on the plumber (insurance and health and safety) and didn't just ring a mobile phone number found on a lamp post. However that is about your degree of civil liability, not your criminal responsibility.

          Comment


            #6
            Thanks for your replies.

            I have been told that someone will be in touch to take the statements from both myself and the plumber. We are yet to know what we are being accused of stealing.

            I let the plumber into the house and showed them to the boiler. He has done work for us on a number of houses and not just a random person, the tenant spoke with the plumber himself and said he could have access.

            The tenant is currently refusing to pay the months rent whilst seeking action. Are we within our rights to issue a section 21 during this process?

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              #7
              STOP communicating directly with the tenant if they are accusing you of a criminal offence. Talk to a solicitor, like, ASAP.

              Originally posted by Klass03 View Post
              The tenant is currently refusing to pay the months rent whilst seeking action. Are we within our rights to issue a section 21 during this process?
              Yes. Get an agent or a solicitor to do it on your behalf if I were you.
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #8
                Yes will cease contact and ask the solicitor to deliver the S21.
                We are seeking legal advice but keen not to aggravate the situation

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                  #9
                  Originally posted by Klass03 View Post
                  We are seeking legal advice but keen not to aggravate the situation
                  I think you are past that point now...
                  Just take the actions that are needed, ignore your worry of aggravating the situation.
                  Appoint a solicitor, Ensure all your paperwork is in order, get S21 and S8 (if any grounds can be applied) issued.

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                    #10
                    Thanks, will get this sorted today and ask the solicitor to deliver the S21. Will report back on the process so others may be helped by this in the future.

                    Will get all paperwork prepared and sorted and wait to hear from the police to take our statements and see what happens from that.

                    Thanks again for all advice given- it has eased a very worrying situation.

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                      #11
                      I have spoken with a solicitor who doesn't seem to be too concerned about the theft allegations.

                      The solicitor has asked for all paperwork, including the tenancy agreement. She has also asked for the how to rent guide, up to date gas check and the EPC paperwork but how do we prove that these have been previously submitted to the tenant? I didn't ask the tenant to sign anything to that effect, he old signed the tenancy agreement.

                      Should a S21 be issued or is it better to use the S8 given that rent is in 4 month arrears?

                      Comment


                        #12
                        Originally posted by Klass03 View Post
                        given that rent is in 4 month arrears?
                        Now the truth comes out.

                        Comment


                          #13
                          4 months rent arrears? You should already have served s8g10 then s8g10&11 then s8g8,10& 11 twice!!

                          Make sure TODAY that s21 & s8g8,10& 11 have been served!

                          I detect a rat: When did he move in? You may have an expert tenant who knows what he is doing & might have done it before.

                          Either no reference or a full, honest, one.
                          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                            #14
                            Originally posted by Telometer View Post

                            Now the truth comes out.
                            What do you mean? There has been no hostility between myself and the tenant until this point and I have, foolishly, not pursued the missing rent as it was close to Christmas and it can be a difficult time for many people and we were hoping to set up a payment plan in the New Year.

                            Comment


                              #15
                              Originally posted by theartfullodger View Post
                              4 months rent arrears? You should already have served s8g10 then s8g10&11 then s8g8,10& 11 twice!!

                              Make sure TODAY that s21 & s8g8,10& 11 have been served!

                              I detect a rat: When did he move in? You may have an expert tenant who knows what he is doing & might have done it before.

                              Either no reference or a full, honest, one.
                              That's now my concern- they moved in 3 years ago and have been great tenants until the payments became intermittent.

                              Still waiting to hear back from the solicitor- should the S21 and S8 be served via post instead or wait for a professional?

                              Comment

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