Possession hearing

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  • Ash-uk
    started a topic Possession hearing

    Possession hearing

    Hi guys

    i have tennants who owe me 6 months rents, and stopped paying and won’t hand the key back, served section 8 and 21, court hearing in few months,

    Never been to court, so after some advice, do I need to take evidence I.e texts to show me chasing for rent and not paying it.

    Looks like these tennants knkw how to play
    the game.


    I am concerned they may destroy the building and say I don’t repair it, there was nothing wrong with property, always service boiler etc

    If they destroy the property I don’t think this is covered under buildings insurance

    any tips and advice will be appreciated

  • Ash-uk
    replied
    I need to instruct the bailiffs by next Wednesday. been advised to contact {Mod - name removed} to submit the order form to the court. they are unreliable as they delayed serving the notice and probably do the same again.

    can I submit this my self or may be use another solicitor? or may be another eviction company?

    also how long does it take for the bailiffs to come.

    Leave a comment:


  • Ash-uk
    replied
    Oh and a cjj has been issued against there name for 10k rent.

    So anorher £250 for bailiffs And probably 10k repairs to damage should close this nightmare

    once I gain possession I will go after them my self lol

    Leave a comment:


  • JK0
    replied
    Well done. I trust you won't fall for any promises about the rent. (It's just a ruse to put off the bailiff.)

    Leave a comment:


  • Ash-uk
    replied
    Update guys, managed to persuade the judge to give 7 day notice to quit rather than 14.

    They texted me this morning to say they will bring rent this week end. I have this million times

    Does any one know how long bailiffs take


    Leave a comment:


  • spiritdreams
    replied
    Even if the tenant end up in jail, the landlord is unlikely to get any of the damages paid for.

    Leave a comment:


  • leaseholder64
    replied
    If a load bearing wall has been knocked down, it would be Building Control, not Environmental Health. If it is a dangerous structure they can act rather fast.

    My feeling is not only will this be prosecuted, but, assuming that the damage is more than £5,000, it will be prosecuted in the Crown Court.

    Leave a comment:


  • KeepTheFaith
    replied
    I would push the police and escalate complaint using police complaints procedure if they don't do anything. Its got to be taken seriously due to the risk with the roof I think.

    I would go round with builder to assess the roof situation and get support beam put in if needed asap. Police can be asked to attend to prevent breach of the peace if the tenants kick off. Let police know what you are planning to do and ask their advice.

    You could also try council anti social behaviour team.

    Else you may be able to apply for an injunction to try stop further damage. The ASB team can apply for an injunction too.

    A solicitor may know the best thing to do, assuming you can find a good specialist housing and harassment Solicitors.

    A lot of phoning around and aggravation but I think you have to be proactive to get anywhere with these kinds of things.

    Leave a comment:


  • mariner
    replied
    Ash-uk You are running a private rental Business. By all means seek advice then grow a pair..
    The Law can only assist you so far.

    Leave a comment:


  • Ash-uk
    replied
    So basically I’m doomed-

    If the police came and had a word then they will think twice about causing damage.

    Only option is report it to immigration as there could be illegal people living there.

    Report to council and say they knocked walls downs

    keep reporting to police in the hope they will pay them a visit

    if the above authorities pay are visit surely that could scare them

    Leave a comment:


  • KeepTheFaith
    replied
    Also emergency right of access to place support beam where wall used to be to stop said roof collapsing!

    Leave a comment:


  • KeepTheFaith
    replied
    If roof may cave in then if council EH was to get involved then they may put emergency prohibition order on the property then tenants would have to move out. You then have the prohibition order to deal with but tenants can't cause further damage. Well not inside without breaking in anyhow.

    https://www.citizensadvice.org.uk/ho...rating-system/
    ​​

    Leave a comment:


  • leaseholder64
    replied
    There have been less severe cases where a criminal damage prosecution has succeeded.

    The main problem here is that a criminal conviction will not pay for the repair, you will still be up against the likelihood that they have no money with which to pay compensation.

    Nonetheless, I think it is essential you bring the police in, quickly.

    Leave a comment:


  • spiritdreams
    replied
    Note there is usually 2 seperate sections for malicous damage.

    1 is by 3rd Party (Burglars, vandals)
    2 is by lawful occupants (Tenants and invited guests)

    Usually number 1 is covered by default, number 2 requires additional premium.

    Leave a comment:


  • Gandolf
    replied
    Not sure why council would assist you if they have knocked a wall down? Check your insurance policy to see what you are covered for

    Leave a comment:

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