I strongly advise against taking back possession without a court order when the rent is still being paid.
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Originally posted by boletus View PostI strongly advise against taking back possession without a court order when the rent is still being paid.
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).
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Originally posted by boletus View Post
That's not how it works. (sadly)
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Originally posted by DPT57 View Postit will take more than a year to recover the property through the courts. The cost of this is surely going to dwarf any fine imposed for illegal eviction.
A residential tenant has been awarded over £24,000 for unlawful eviction.
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They're paying rent, but they're not occupying the property.
So there's no AST or AT and, provided the landlord can "prove[] that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises" there can't be an illegal eviction.
In an ideal world (or even a world like it was in 2019), my argument would be to do things properly and serve notice and, if necessary, go to court.
But faced with the cost (both in money and time) today, the equation works differently.
The very small risk of a claim for illegal eviction is more than offset by having the property securely in the landlord's possession.
And, given the locks arguably need to be changed anyway, changing the locks has very little risk*.
But as its been pointed out, very little risk is not zero risk.
*and I'm aware that there's no risk to me typing on a forum so that's, perhaps, easy to say.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).
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Originally posted by boletus View Post
https://www.lexology.com/library/det...1-ca8355349872
A residential tenant has been awarded over £24,000 for unlawful eviction.
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The tenancy also almost certainly has wording about notice etc (not s21 or s8 but an ntq ) for when it's not an AST or AT. Serve notice in line with those then take to court.
Most agents and many solicitors won't understand..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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Originally posted by boletus View PostHow do you know they are not in hospital or in prison or in lockdown with a relative?
I agree that more investigation would be needed to ensure this was a sensible risk, but given what the Police have told the OP, I think its already headed that way.
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Originally posted by DPT57 View Postit would currently take at least 15 months to get the property back from a standing start. Its surely a no-brainer.
I agree landlords need to make a judgement call on abandonment, I've just done one myself. But not whilst the rent is still being paid.
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by Kareniq133Thank you for the replies. The landlord sacked the letting agent as it turned out they hadn't done what they said they had. The landlord has engaged a solicitor to deal with the eviction and when they asked the agent for the court paperwork they didn't provide anything. So they have started again and...
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Channel: Residential Letting Questions
06-03-2021, 21:26 PM -
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by Kareniq133Hi
I have had a nightmare neighbour issue for a long time and engaged with the letting agent to resolve this. The letting agent served both a section 21 and section 8 due to anti-social behabiour and rent arrears respectively, but the hearing was put on hold due to the pandemic. The hearing...-
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by KTZ32I provided a list of damages and costs (minus fair wear and tear) with the check out report to the vacated tenant. They requested their full deposit be returned in full and did not request the deposit return through the tenancy deposit scheme.
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by KTCThat doesn't mean it favours the tenant in the sense that it's unfair or bias.
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Channel: Residential Letting Questions
06-03-2021, 18:48 PM -
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Reply to County court bailiffsIn Scotland, did they ban S21 evictions for existing, ongoing tenancies, or only for new tenancies?
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06-03-2021, 18:06 PM -
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by PerceHello All
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by boletushttps://www.lettingagenttoday.co.uk/...-agents-at-DPS
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by KTCIf you are definitely going to court to claim for more than the amount of the deposit, then just stick with that. I don't know whether you would had to have agreed to ADR when you protected the deposit with your particular scheme, but if you are taking legal action, you should definitely be able to...
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