One joint tenant had already left- claims unlawful eviction

Collapse
X
Collapse
 
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous template Next
    #1

    One joint tenant had already left- claims unlawful eviction

    Hi Folks,

    I obtained a court possesion order for my property. The possesion order states that any persons residing in the property must vacate by th 16th April. On the evening of the 15th I waited for the tenant to go out before changing the locks and placing his belongings on the driveway. The tenant did come back later and was expecting it, he has left without any trouble.

    However, his partner who vacted the property around mid January is seeking legal action against me for illegal eviction. She and her children have been victims of domestic abuse by the male tenant and have been in the care of social services since January. She has already rejected two offers of housing by social services and is currently on record as staying with friends/relatives.

    The social services have backed me up saying that she no longer lived at my property and that she has had more than enough time to collect her belongings.

    She is seeking help using legal aid.

    Can anyone tell me what is the most likely outcome?
    Tags: None
    #2
    To whom did you let: him only or both of them?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment

      #3
      Both of them

      Comment

        #4
        Strictly speaking you should have waited until the expiry of the possession order as you were not entitled to possession until 1 second past midnight of 16th.

        The female had no interests in the property, she had left it - she was not in possession when you did your "eviction" - I cannot see on what basis she could claim from you.

        It all sounds like a bit of sabre rattling to me!

        Comment

          #5
          Sure, the male tenant excepted it and left without problem.

          A solicitor has acted on the female's behalf and sent a letter to my solicitor asking that I allow full access within 48 hours or face proceedings for illegal eviction. The solicitor is most likely obtained through Legal Aid. My solicitor advised that I have a strong case and he suspects that Legal Aid will not cover a court hearing if the probability of winning a case is not clear-cut, does anyone know anymore on this?

          Comment

            #6
            Also, the female tenant has left a few belongings at the property, how long should I store them for before disposing of them?

            Comment

            Previous template Next

            Latest Activity

            Collapse
            • Reply to Advice Needed
              by Hudson01
              I am very sorry to hear about the issue, i can add little more to what has already been said above, I am one of those lanldords spoken about in terms of about to sell up........ all that has been pointed out as to why we are all leaving is totally true, it has simply become too much hassle and with...
              16-05-2022, 20:53 PM
            • Advice Needed
              by Confused2022
              Hello!


              I an trying to get as much information and advice for someone whom is very vulnerable and has many health problems.

              The issue is they have lived at a property which they’ve rented now for 2 years just over, never missed a rental payment and never had any issues,...
              15-05-2022, 15:45 PM
            • Reply to Invoice for work - am I being unreasonable?
              by Hudson01
              I agree with one of the other posts, Company A should have sorted the whole job, it sounds like a 10 mins job with maybe a collar for the pipework being tightened up and then some basthroom sealant ...........you are right.......... just under a ' monkey'' (Arthur Daley speak) for what is a simple pipe...
              16-05-2022, 18:46 PM
            • Invoice for work - am I being unreasonable?
              by Laurasplog
              We have a London flat managed by an agent (full management service).

              My husband and I were abroad, and got a call from the council saying the property was leaking sewage into the flat below. We contacted our agent immediately who sent someone around the same day (Company A).

              ...
              16-05-2022, 12:58 PM
            • Reply to Invoice for work - am I being unreasonable?
              by theartfullodger
              What does your agreement (or terms & conditions sent) with this say about such queries, please? I'd start there first & then probably their complaints process (if they have one)

              Is this the lettings agent on the block (of flats) management agent please?

              I humbly note...
              16-05-2022, 16:15 PM
            • Reply to Invoice for work - am I being unreasonable?
              by Laurasplog
              The pipework was found to be sound. I think Company A were there as an emergency "see if it's sewage and shut off the water if necessary". They said it was a pipework problem and a sealant problem. Company B carried out a full audit on the pipes and found it was only a sealant problem....
              16-05-2022, 14:59 PM
            • Reply to Invoice for work - am I being unreasonable?
              by Laurasplog
              The letting agent engaged all of them. We gave them an instruction to fix whatever the problem was after the notification from the council there was a problem - we pay for a full management service.

              I doubt the agency will give us money back because they've paid it out directly to the contractor,...
              16-05-2022, 14:58 PM
            • Reply to Buying a tenanted residential property
              by theartfullodger
              In November 1979 BoE base rate hit 17% under Thatcher's government. My building society was kind by only raising their rates to 15%.....

              IMHO rates will continue to rise. Sorry.

              What you are proposing would breach your mortgage terms and possibly result in place being repo'd....
              16-05-2022, 14:30 PM
            View All
            - Advertisement -
            Working...
            X