Tenant has got banged up!

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    Tenant has got banged up!

    Hi everyone, looking for some advise please.

    Tenancy had come to an end in Oct 20, but because of covid I had to give them 6 months to leave. Now fast forward, they are supposed to be gone by the end of April. After much hassle with the estate agents, finally I get an email telling me one tennant (3 on the agreement) has gone to prison for 4 years.

    I'm now told they have rights to stay until he's released, and cannot be re homed by the council until they have paid me the month's rent owed. (This outstanding debt has been ongoing since June 20, again I was told the agents would propose a repayment plan, this never happened)

    They keep breaking things to make things worse and have another child due any minute!

    Please help!


    #2
    The tenant being in prison doesn't change anything, you apply to the court for possession when your notice expires as you would have done anyway.
    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


      #3
      Did you serve notice to all three tenants? If not it will be invalid as the tenants are indivisible in this regard.

      Comment


        #4
        Beware, you must find out which prison he / she is in, and send your final eviction notice to the incarcerated person.
        Of course verifying that it was agreed all would leave in April.

        Why, because if not, it has been reported on here, via Andyxxx, i think, that this was not done once on a 5 year stretch, and the prisoner was entitled to move back in, or be given accomodation from the landlord, and received compensation.( £ )

        I should not matter if the last months rent is not paid, as many tenants leave and do not pay the last months rent and get rehoused.

        If you think rent may be a problem, and does not get paid, just deposit the rent into the rent account yourself then you can say -- look, here is the bank statement. rent was deposited, and is fully paid up, using the same ref they use that is typed on the satement.
        They cant argue about that.

        His rich aunt could have paid the last rent, a mother etc, it happens.

        Comment


          #5
          Beware this case -he'd been put away for 12 years...

          Amoah v Barking and Dagenham LBC

          (2001)

          Prisoner serving long sentence had not ceased to reside.
          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


            #6
            The address for legal notices is the last address you have for someone.
            So you serve notice at the property they were renting from you.
            If they want you to communicate with them in prison, they need to write and give you their address.

            Unless you're related to the person, finding out where they are being held is next to impossible.
            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


              #7
              A good tenancy agreement probably state that any notices related to the tenancy be served by the landlord, and considered good service, when send to the property in question. But that would only apply to the section 21 (or section 8 notice etc.), which has already been served.

              The possession proceedings itself is governed by the CPR, you can't just simplify it to "the address for legal notices is the last address you have for someone". If the claimant knows the defendant no longer reside at the last known address, "the claimant must take reasonable steps to ascertain the address of the defendant’s current residence".
              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


                #8
                Originally posted by KTC View Post
                .The possession proceedings itself is governed by the CPR, you can't just simplify it to "the address for legal notices is the last address you have for someone". If the claimant knows the defendant no longer reside at the last known address, "the claimant must take reasonable steps to ascertain the address of the defendant’s current residence".
                There’s no way of reliably contacting someone in prison, unless they contact you and tell you where they are.

                The prison service won’t tell you (unless you’re related and it’s hard enough then) and prisoners are routinely moved.
                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


                  #9
                  Originally posted by jpkeates View Post
                  There’s no way of reliably contacting someone in prison, unless they contact you and tell you where they are.

                  The prison service won’t tell you (unless you’re related and it’s hard enough then) and prisoners are routinely moved.
                  This is true...... your position as a LL does not give you the same rights/access to information as family members, the position you are in is that of a business contact.

                  Comment

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