If I issue a section 8 and its not contested, will I definitely get the warrant?

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    If I issue a section 8 and its not contested, will I definitely get the warrant?

    I have a tenant on a long lease (12 months to run), I need to evict them with a section 8 which will be focused on the fact they were running a cannabis farm. Tenants seem to have run off, haven't heard from them in 3 weeks. If as you might expect they don't contest the eviction, will I definitely get the warrant for possession? I realise ground 14 is not mandatory so up to judges discretion but realistically if tenant doesn't contact and doesn't show up?

    #2
    I might be inclined to take possession without a possession order as the property has been abandoned. If you think it's very unlikely the tenants would claim illegal eviction it's the pragmatic approach. Some may disagree with me. Certainly to be 100 percent sure you need a PO. Is the rent being paid or how much did they pay upfront? What is the cost of the damage?

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      #3
      Rent is due next week, no arrears as yet. The damage hasn't been assessed as yet, but I think it looks pretty bad. If I take possession with the PO, how could I access the deposit that is in TDS for repairs?

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        #4
        Has the police been involved, if so then don't worry about PO just change locks and move on..... I doubt they will come if the police has been informed etc.

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          #5
          Yes the police smashed back and front doors in and took away the plants. The officer also said to change locks, but suggested he doesn't delve in civil matters, washing his hands of it obviously.

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            #6
            I'd expect the judge to award possession based on the circumstances.
            But they're a law unto themselves, and nothing is 100% certain.
            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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              #7
              Regarding the question, well if the details (names, addresses), grounds & dates are all wrong then I'd expect any court to reject it.

              As at this point afaik there's no mandatory ground then I'd expect court to very possibly say no (what grounds do you propose please & why/what evidence).

              As I said to the wife last night, (watching two cannabis farm police raids on tele...)

              Q: what's a standard characteristic of a cannabis farm for landlords??
              A: Rent always paid in full & on time...

              If rent continues to be paid, tricky...

              As your tenant is (presumably??) not in residence then it cannot be, may not be, legally impossible to be an AST (or AT) so theoretically you need an NTQ not s8 or s21.. In your shoes I'd serve s21 (if valid..), s8 (all valid grounds and NTQ just in case.


              Think there's a case here for going with implied surrender, especially if no rent paid - see
              https://landlordlawblog.co.uk/2010/0...der-explained/

              Suggest loads of photos and witnesses to state of property etc plus hold onto all communications with Plod.......
              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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                #8
                Surely if when you went to the house after the police smashed the doors down, that would have allowed you legal access. I would get a joiner to fit new doors with new locks as the old doors and locks are damaged. I would immediately get an Electrician to do an Electrical Safety Check and if the property has been used as a cannabis farm they will have messed with the electrics and made it unsafe. I would get the electrician to switch the electrics off and remove the consumer board. Take loads of photographs in case you have to go to court. Sorry to read about your experience.

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                  #9
                  What does the tenant say when you speak/phone/text/email/social media them?

                  What about next of kin/parents/ex's/employer/school/local pub/neighbours/mutual contacts?

                  They're unlikely to have done a Ronnie Biggs and should be traceable if you took basic precautions when granting the tenancy.

                  Have a deed of surrender ready for when you do find them.

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                    #10
                    I think its highly unlikely that they are going to take you to court for illegal eviction with the accusation that you deprived them of the ability to run the cannabis farm. Just take possession and move-on.

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                      #11
                      Yes it does seem ridiculous I know, I guess theres a slight further complication in that:

                      - I have rent insurance, so perhaps whilst evicting I will still get rent, whilst I also try to make the necessary repairs.
                      - I'm also considering how I would access the deposit that was left, only 5 weeks rent, but better than nothing.

                      It's definitely tempting to say forget it all and try get things repaired quickly and move on.

                      TBH I am getting really jaded with this particularly property, I live 200 miles away, I always appoint an agent, and think that'll help but every year something goes wrong. Bad tenants just seem to be able to do whatever they like and I'd be surprised if I'm breaking even over the last years on this property. I think its time to sell it sadly... as my mental health is really suffering and I'm normally a really positive person.

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