Originally posted by theartfullodger
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Section 8 court hearing HHSRS assessment
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Originally posted by jpkeates View PostAs long as you give the tenant notice of what you're doing, you can go ahead unless they object.
Which they won't because they're not there.
And you need to feed the cat (or take it to someone who will feed it).
I'll give 24 hours notice for access but don't want to shoot myself in the foot by taking the kitten.
I'm hoping to issue the inspection notice and walk in with the Rspca and they deal with the kitten...not sure if it will workout that way though.
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Originally posted by jpkeates View PostThe worst case risk is that you illegally evict the tenant, who hasn't actually moved out.
But the offence requires that the landlord cannot "prove.. that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises."
You have been told that the person has moved out and will inspect and check that this appears to be the case.
When you speak to the utility suppliers and council about council tax to assume responsibility, you will provide more evidence.
Me, I'd change the locks if I thought the tenant had moved out.
I'm having a nightmare getting through to the relevant person in the council.
I've left multiple messages but still haven't received a call.
If I don't hear anything by lunchtime tomorrow, I will put in an official complaint.
So the tenant still has belongings there.
Do you think I should still change the locks?
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Given the way the tenant is acting, you should not change the locks until you have a signed surrender or the bailiffs have formally taken possession.
My particular concern is that they may be in emergency accommodation because the council has ruled that it is unsafe for them to stay, rather than because they have accepted that you have given valid notice. Most councils will not normally provide accommodation until the bailiffs have done their work, which makes me doubt that they accept that the tenancy has ended.
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Originally posted by leaseholder64 View PostGiven the way the tenant is acting, you should not change the locks until you have a signed surrender or the bailiffs have formally taken possession.
My particular concern is that they may be in emergency accommodation because the council has ruled that it is unsafe for them to stay, rather than because they have accepted that you have given valid notice. Most councils will not normally provide accommodation until the bailiffs have done their work, which makes me doubt that they accept that the tenancy has ended.
I've just spoken to the tenant.
Firstly, she's coming back daily to feed the kitten and will be taking it on Friday.
After the expected argument between us, the facts that I have established are:
* she was moved due to disrepair issues
* the council have told her to leave her belongings in the property until bailiffs arrive
* the tenant doesn't want to move into the property, even when the "disrepair" is rectified
* she has said that she won't attend court if I send her something in writing stating that I am willing to write off her arrears
* I don't mind writing off the arrears if it means she doesn't attend court and the case will be straightforward
Should I send the letter writing off the arrears?
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"I'll write off the arrears if you'll sign a deed of surrender."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.
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I know that.
Though if she's evicted due to arrears, she would almost certainly be found to have made herself intentionally homeless anyway.
You can't agree to what she proposed. I don't see how it can have any legal effect. You're not agreeing to settle and discountinue the case. If she turned up to hearing anyway, what are you going to argue, that the court should deny her her rights as a defendant? I can only imagine how a judge will react to that one!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.
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Originally posted by KTC View PostI know that.
Though if she's evicted due to arrears, she would almost certainly be found to have made herself intentionally homeless anyway.
You can't agree to what she proposed. I don't see how it can have any legal effect. You're not agreeing to settle and discountinue the case. If she turned up to hearing anyway, what are you going to argue, that the court should deny her her rights as a defendant? I can only imagine how a judge will react to that one!
So I'll just continue with the court case and also try to gain access to carry the "works".
I'm guessing universal credits won't be paying me from Friday fine y as they're paying her rent for wherever she is living at the moment. Or will they pay me?
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I'd prefer to photograph it myself rather that trust tenant to do it.. plus see,.....
https://www.gov.uk/check-tenant-righ...copy-documents
Highlighting changing to red of "you" done by me......-
Channel: Residential Letting Questions
05-07-2022, 14:57 PM -
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by BerlingogirlMy prospective tenant is Bulgarian.
He has sent me a copy of the page in his passport with his photo on it, but only that page. Does he have to have a stamp on it to say he can reside here?
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He has a UK driving license.
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Channel: Residential Letting Questions
05-07-2022, 13:07 PM -
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Reply to Licensing inspectionby AlexRLocal Councils are driven by law so they must have the right to do what they ask otherwise you would be entitled to refuse. It is likely to be justified as confirming tenant safety for which they have responsibilities. A question I would be asking myself is why they have chosen my particular house and...
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Channel: Residential Letting Questions
05-07-2022, 14:53 PM -
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by Section20zJust had letter from London Borough of ****** saying they will be inspecting my house at some time in the next 28 days to ensure licence compliance. No further notice will be given and tenants are expected to grant access to all areas, windows to be left open for air supply, and doors all left open...
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Channel: Residential Letting Questions
05-07-2022, 13:57 PM -
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Reply to Licensing inspectionWhen you asked, what did they say prompted the planned visit (or did you already know) please?
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Channel: Residential Letting Questions
05-07-2022, 14:46 PM -
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by brian75Is it essential that EPC recommendations are carried out sequentially? The first one, insulation of insulation of solid floor would cost £6k and achieve 3 point improvement. The second, high heat retention radiators, would cost £1200 and gain a further 8. Currently at 67 - need 69. Very small ground...
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Channel: Residential Letting Questions
05-07-2022, 14:44 PM -
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by jpkeatesThey'd have a "share code", which you use (with their date of birth) to check their status online.
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Channel: Residential Letting Questions
05-07-2022, 14:41 PM -
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by OneSmallStepIt is definitely the landlord. When the tenancy first began he was the one who showed the property but insisted it went through his agent.
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Channel: Residential Letting Questions
05-07-2022, 14:41 PM -
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by OneSmallStepThought I would ask to see if anyone knows of the benefit to doing this?
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Channel: Residential Letting Questions
04-07-2022, 10:46 AM -
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by jpucng62This sounds very dodgy. I would tell the LL that if he issues a S21 I will not leave until the bailiffs evict - that will cost the LL time and money. He may change his mind if he realises it won’t be easy.
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Channel: Residential Letting Questions
05-07-2022, 14:22 PM -
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