Cannabis Farm discovery

[boletus]

I strongly advise against taking back possession without a court order when the rent is still being paid.

[jpkeates]

I strongly advise against taking back possession without a court order when the rent is still being paid.

This is excellent advice and legally the safest and lowest risk thing to do.

[DPT57]

That's not how it works. (sadly)

if you have experience of how this can work against a landlord it would be helpful if you could spell it out as my assumption is that the tenant will now stop paying rent (if they haven't already) and it 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.

[boletus]

They are paying the rent;

no arrears, and no other issues.

[boletus]

it 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.

https://www.lexology.com/library/det...1-ca8355349872

A residential tenant has been awarded over £24,000 for unlawful eviction.

[jpkeates]

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.

[DPT57]

https://www.lexology.com/library/det...1-ca8355349872

A residential tenant has been awarded over £24,000 for unlawful eviction.

Its been reported on the forum recently that the average award is much smaller, perhaps a thousand pounds or so. My cheapest property rents for £14,400 a year and I think it would currently take at least 15 months to get the property back from a standing start. Its surely a no-brainer.

[theartfullodger]

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..

[boletus]

How do you know they are not in hospital or in prison or in lockdown with a relative?

[theartfullodger]

Good point boletus, it would then still be AST. Serve ntq & s21

[DPT57]

How do you know they are not in hospital or in prison or in lockdown with a relative?

What, and paying someone to water the plants while they're away!

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.

[Section20z]

Many tenants will not realise that running a cannabis farm does not invalidate a tenancy and they have most likely moved on to their next property.
If you are really that nervous then ask Police/LA for a closure order.

[boletus]

it would currently take at least 15 months to get the property back from a standing start. Its surely a no-brainer.

It's not so clear cut for me. Some of my properties require licenses, and it looks like more will do in future. If I were prosecuted for illegal eviction, it would preclude me from being a fit and proper person so I would have to employ a letting agent which would easily wipe out a years rent in commission fees alone.

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.

[Section20z]

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.

If rent is still being paid why would you want damaged property back ?

[boletus]

If rent is still being paid why would you want damaged property back ?

I was referring to the OP's situation.