Evict jailed tenant

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    Evict jailed tenant

    Hi,

    Have had no problem with any tenant before, but this one has made me want to sell the property due to the amount of hassle. From the start... seemed like a nice enough bloke, paid the first month rent and bond immediately. Next month, no sign of him, tried calling and sent letters, eventually decided it was time to call the police to see if they knew anything, low and behold, he had been jailed. He then got let out a couple of weeks ago, and made promises of paying the rent, all of which were lies, phone calls were then rejected and further letters ignored. Last night he got jailed again, I went round when the police were there, they told me they had to brake the door down, also that the back window had been smashed and the kitchen was flooded! The police indicated he could be in for a while, so how do I get him and his stuff out of the house?! Went to a solicitors a few weeks back, we have done a Section 8, but not sure what the rulings are if he is jailed and refusing to leave?

    #2
    Originally posted by JonGresh View Post
    Hi,

    Have had no problem with any tenant before, but this one has made me want to sell the property due to the amount of hassle. From the start... seemed like a nice enough bloke, paid the first month rent and bond immediately. Next month, no sign of him, tried calling and sent letters, eventually decided it was time to call the police to see if they knew anything, low and behold, he had been jailed. He then got let out a couple of weeks ago, and made promises of paying the rent, all of which were lies, phone calls were then rejected and further letters ignored. Last night he got jailed again, I went round when the police were there, they told me they had to brake the door down, also that the back window had been smashed and the kitchen was flooded! The police indicated he could be in for a while, so how do I get him and his stuff out of the house?! Went to a solicitors a few weeks back, we have done a Section 8, but not sure what the rulings are if he is jailed and refusing to leave?
    Firstly this is not strictly speaking "jailed" from the sounds of it.

    The best procedure for you is to initiate the Section 21 procedure (depending on where you are with the contract dates) as well as Section 8. Section 8 gives you the right to start proceedings after 8 weeks or 2 months rent is unpaid, and is mandatory possession. If the tenant has not moved out then, get the bailiffs in.

    DO NOT attempt to get him out by other means while he is away - heartache awaits (for more info: http://news.bbc.co.uk/2/hi/uk_news/e...nt/7605218.stm).
    Liability statement. My liability to you is not to exceed the amount you are paying for my recommendations or advice.

    I see a bright new future, where chickens can cross the road with no fear of having their motives questioned

    Comment


      #3
      Originally posted by Wickerman View Post
      Firstly this is not strictly speaking "jailed" from the sounds of it.

      The best procedure for you is to initiate the Section 21 procedure (depending on where you are with the contract dates) as well as Section 8. Section 8 gives you the right to start proceedings after 8 weeks or 2 months rent is unpaid, and is mandatory possession. If the tenant has not moved out then, get the bailiffs in.

      DO NOT attempt to get him out by other means while he is away - heartache awaits (for more info: http://news.bbc.co.uk/2/hi/uk_news/e...nt/7605218.stm).
      Interesting, I wouldn't dare argue with the BBC, or the landladys lawyers, but if the tenant wasn't using it as his primary residence, then it couldn't have been an AST so presumably any contract terms regarding non-payment of rent could have led to his eviction anyway - she had no obligation to go to court for a possession order.

      IANAL, but seems straightforward to me!

      Comment


        #4
        Originally posted by Snorkerz View Post
        Interesting, I wouldn't dare argue with the BBC, or the landladys lawyers, but if the tenant wasn't using it as his primary residence, then it couldn't have been an AST so presumably any contract terms regarding non-payment of rent could have led to his eviction anyway - she had no obligation to go to court for a possession order.

        IANAL, but seems straightforward to me!
        It would be interested to see the primary residence point being argued - any comments on this Jeffrey?
        Liability statement. My liability to you is not to exceed the amount you are paying for my recommendations or advice.

        I see a bright new future, where chickens can cross the road with no fear of having their motives questioned

        Comment


          #5
          Someone is prison is capable of having a main residence elsewhere! It's a question of fact, inc. whether the prisoner's family still reside there.
          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


            #6
            Originally posted by jeffrey View Post
            Someone is prison is capable of having a main residence elsewhere! It's a question of fact, inc. whether the prisoner's family still reside there.
            But IF it was a sole tenant AND he was imprisoned, would the property still be his primary residence? Perhaps after a certain period of imprisonment or if imprisoned with a certain length of sentence?

            I'm not arguing the point - just enquiring for future use!

            Comment


              #7
              As the 1988 Act uses the wording 'only or principal home', these two words obviously mean different things.
              A prisoner's 'principal' home may well be the prison cell, for the duration.; but it's clearly not an 'only' home.
              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


                #8
                Originally posted by jeffrey View Post
                As the 1988 Act uses the wording 'only or principal home', these two words obviously mean different things.
                A prisoner's 'principal' home may well be the prison cell, for the duration.; but it's clearly not an 'only' home.
                So can he be evicted or not?
                '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


                  #9
                  Hi,

                  Having worked in the prison service, the guys tend to start over with the help of social work to find accomodation.Usually if they have a partner/spouse they may well return there.If this guy is not paying the rent, i don't see why due process would not prevail, ie. in Scots law not paid for two months start the eviction process.However, where is the paperwork sent to? The prison? i guess so,may check with CAB as would ordinarily be sent to flat(ludicrous as it may sound), but he needs to receipt that he's received,HMP sounds like a plan.

                  Angela

                  Comment


                    #10
                    Originally posted by mind the gap View Post
                    So can he be evicted or not?
                    Yes he can, but you cannot simply assume that it is no longer his main residence. You would need to serve a section 21 notice or a section 8 notice and then get a possession order.

                    If you know T is in prison then you would probably have to serve papers at the prison. I would play safe and serve both at the address and at the prison.

                    You could try to argue that it is no longer his only or principal home, but is it really worth the risk? Eviction proceedings would not cost much, and would not take that long.
                    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                    Comment


                      #11
                      But see what happened next...

                      http://news.bbc.co.uk/2/hi/uk_news/e...ex/7933228.stm

                      Comment


                        #12
                        Originally posted by tallpaul View Post
                        Quite right too......

                        Comment

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