Tenant arrested.

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Tenant arrested.

    Tenant has been arrested and in remand informed by police.
    Rent due has not been recieved.
    Any ideas as to what we should do? Do we appoint solicitors who specialise in this. And do they have somewhat fixed price?

    So many questions in mind .. all help greatfully recieved.

    thanks
    minky

  • #2
    I believe you have to go through all the normal processes. You cannot assume that tenant is not returning.

    Check out this thread:

    http://www.landlordzone.co.uk/forums...ad.php?t=13863

    A woman was successfully prosecuted for illegal eviction by a tenant in prison because she just assumed he would not be back, and relet!
    Mrs Jones
    I am not an expert - my posts are my opinion and should not be taken as fact!!

    Comment


    • #3
      Originally posted by minkytn24 View Post
      Tenant has been arrested and in remand informed by police.
      Look at ground 14, one of the discretionary grounds for possession, in Schedule 2 to the Act. It reads as follows:

      The tenant or a person residing in or visiting the dwelling-house:
      (a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or
      (b) has been convicted of:
      (i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
      (ii) an indictable offence committed in, or in the locality of, the dwelling-house.
      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


      • #4
        I know of a chap who was imprisoned for a few months. He told the landlord, and agreed to continue paying rent via cheque. The landlord issued a S21 to him in prison get the property back 3 days after the chap was released. Instead, he changed the locks and dumped the belongings outside in the rain the day of his release. Legal advice is being sought in order to get back the cost of the ruined belongings. The tennant had wanted to continue living there on his release, but is now completely homeless.

        Assume nothing until you've heard from the T. At least you should know his current address!

        Comment


        • #5
          Originally posted by Dowsabella View Post
          I know of a chap who was imprisoned for a few months. He told the landlord, and agreed to continue paying rent via cheque. The landlord issued a S21 to him in prison get the property back 3 days after the chap was released. Instead, he changed the locks and dumped the belongings outside in the rain the day of his release. Legal advice is being sought in order to get back the cost of the ruined belongings. The tennant had wanted to continue living there on his release, but is now completely homeless.

          Assume nothing until you've heard from the T. At least you should know his current address!
          Whilst I have some sympathy with LLs in this situation, and without any further information, I do think this action was out of order since tenant had continued to pay rent whilst in prison. In this particular case I am inclined to hope the tenant wins some recompense.
          Mrs Jones
          I am not an expert - my posts are my opinion and should not be taken as fact!!

          Comment


          • #6
            Thanks for all the information.

            His current address is holloway prison.

            rent is overdue now and have not heard from T yet.

            police have given us his solicitors name.

            Would it be ok to get a voluntary end to short hold tenancy agreement that we have with him or appoint our own solicitor.

            do we go sec 8 route and serve the notice to his solicitor or to him in prison.

            thanks
            min

            Comment


            • #7
              Originally posted by minkytn24 View Post
              His current address is holloway prison.
              Last I heard, Holloway was a women's prison???
              Mrs Jones
              I am not an expert - my posts are my opinion and should not be taken as fact!!

              Comment


              • #8
                Sorry i was quoting OH who spoke to the Police but could not remember the name. But agreed with me when i said Holloway.

                Comment


                • #9
                  It could be a 'he'- er- changing sides during transfer window.
                  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


                  • #10
                    I do agree that the T should not be harrased unnecessary. He has been in the apt for more than a year. Has fallen behind with rent a few times but has paid up with a lot of prompting.

                    Had no intention of making him homeless butthe advice from the police "he is going to be in for a long time". Hence we are looking at this option.

                    The reason for arrest is fairly serious and violent too. It has been reported by press as well.

                    any other advice? Have not yet managed to speak to a solicitor yet. They were busy.

                    Thanks for helping in advance.

                    thanks
                    minky

                    Comment


                    • #11
                      Originally posted by jeffrey View Post
                      It could be a 'he'- er- changing sides during transfer window.
                      See http://www.guardian.co.uk/society/20...-womens-prison
                      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


                      • #12
                        At the moment, if he's on remand, he's not been found guilty of anything. You are going to have to wait until he is before you can follow Jeffrey's suggestion of S8, g14. by that time you will probably also be able to use g's 8, 10 and 11 as well. ground 8 is mandatory, you will be able to serve the S8 as soon as there are two months owing (one month missed, next month not paid on due day)
                        I offer no guarantee that anything I say is correct. wysiwyg

                        Comment


                        • #13
                          Note one advantage of using g14 (whether on its own or with other grounds). There is no waiting period at all: not two months, not two weeks- nada!
                          L can therefore serve a s.8 Notice which relies on g14 (+ others, if appropriate) and immediately institute possession proceedings.
                          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


                          • #14
                            But how likely is a judge to award possession if the alleged offence, even if T were convicted of it, was not committed in the property or its vicinity?
                            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                            Comment


                            • #15
                              Not very, unless it's relevant (e.g. T lives next to school but is convicted of child molestation elsewhere).
                              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

                              Latest Activity

                              Collapse

                              Working...
                              X