Got a phone call from letting agent yesterday to say front door had been kicked in, also side window, no sign of tenant, nothing taken,. but substantial amount of cannabis plants found, and mains electricity had been bypassed, police called, now scene of crime, boarded up, awaiting contact with CID, no contact made with tenant, who has been in three years, suspect it has been sublet, with Covid rules for eviction how do we stand with evicting tenant?, no arrears, and no other issues. We shall claim off Landlords Insurance, or make tenant pay for whatever damage has been caused to property, as we are not allowed inside yet. Onceforensics have done their stuuf, and if still no sign of tenant, when can we get access to property!
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You are rather assuming that the tenant could be found to pay you for whatever damage has been caused. In normal circumstances the advice would be to get a possession order, although with no rent arrears I am not 100% certain you would succeed as there are no rent arrears and the tenant opposed, saying this is my home and I have nowhere else to go. If you have landlords' insurance, I would recommend talking to their claims dept before taking any action at all.
I had a mini cannabis farm in a house that was let. When it was discovered Mr Plod took the plants but the tenant wasnt - so far as I am aware imprisoned. I declined to give the tenants noticed as recommended by the agents and they are still there, although not quite as good rent payers as previously!. -
If there's no sign of anyone living there, I'd be tempted to simply take possession and change the locks and wait a few weeks.
You're going to have to do that anyway as part of making the property secure.
Contact the tenant to see what they want to do about the keys and the fact that they're not living there anymore.
As they're not living there, I suspect you can serve a notice to quit (which is 4 weeks notice).
When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).Comment
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I would recommend very carefully reading insurance documents first. You might find cannabis farm cover has surprising requirements.... (eg recorded inspections evidence)Originally posted by flyingfreehold View Post
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...Comment
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The Police strongly advised us not to contact the Tenant, the property is part managed, the Police said the farm was in two bedrooms and the loft, and initial suspicion was that it is gang related, none of the tenants furniture or belongings seem to be in the property, I assume it has been boarded up, as it is now a crime scene, the Tenant has not contacted me. Apparently there was a power cut and the utility company noticed that the supply had been by passed, not sure how far this was taken. I know the Police would like to contact the Tenant.Comment
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What's part managed??Originally posted by TonyIles View Post
You are the landlord, you are responsible: You might have a later case against agent not doing what contract says, but it's for you to sort out.
Sorry, tough.
How many formal inspections when please? Do you have all paperwork ??
Not contact tenant? Odd, it's the tenant who will be liable for a lot of this... STRONGLY suggest you read Landlord insurance details before deciding not to contact tenant.
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...Comment
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I dont believe in making intrusions into the tenants privacy with internal property inspections beyond what is required for gas safety checks - and now for electrical. But then I have never taken landlord insurance policies. These are required under selective and mandatory licensing but not for regular lettings.Comment
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So no cover for fire, public liability or landlord's contents? Could be risky ...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...Comment
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You have my sympathy in what i think you will find when you get to enter the property, i have attended many, if you are lucky then the damage will not be that great but i have known whole properties filled with plants with only one room clear for the lads to attend the crop, and although all the plants and most of the expensive equipment will have been taken by the Police the place will be a total bomb site. The finding of the tenant may not be so easy, the group who have sub let the property from him (if this is what has happened) will hold him responsible for the discovery (i know its harsh) and the substantial loss of the grow and just as important the kit, so them not finding him will be at the top of his priority list, i doubt he is in any fear from yourself. All the best.Comment
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This. If there's no one living there and it was purely being used for the grow, just take possession when the police let you. If it's a few plants alongside while being lived in, then go through the legal eviction process.Originally posted by jpkeates View Post
Though I'll do my pedantic thing and point out NTQ is minimum of a period ending at the end of a period of the tenancy. So a month to two if paying monthly.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
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I can't see anyone coming forward to admit they were living there and that you're illegally evicting them, but I guess its possible someone might be that brazen.Comment
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My post begins "If there's no sign of anyone living there" and the rest of what I wrote is based on that assumption.Originally posted by boletus View Post
If someone does appear to be living there, my advice would be completely different.
However, if the front door's been broken down and then secured, the door will need to be fixed or replaced, so it's reasonable to change the locks - which would impact anyone trying to get in.
When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).Comment
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