Notice to LHA tenant; can L change locks yet?

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    #16
    I'm not sure the OP yet gets it (sorry if you do) I've reworked the example given

    Assuming that the rent is £500 per month payable on the 1st
    June 1st - tenant pays £400 (owes £100)
    July 1st - tenant pays £100 (now owes £500)
    August 1st - tenant pays nothing (now owes £1,000 i.e 2 months rent)
    August 2nd Landlord serves s.8 Notice on grounds 8,10 & 11
    August 16th Landlord begins proceeedings


    If Tenant's debt is still at least two months' worth of rent at the hearing date, Court must order immediate possession: no delay/adjournment/suspension.

    Comment


      #17
      Can i change locks ?

      After issuing notice to my tenant to leave, realistically can i go into the property when he is not in, change the damn locks, write a letter to him at same address and state that he has 14 days to come pick up his belongings.

      Whta i am getting at is , if they came round and said you have forced entry illegally, can i state to teh courts that he left on his own accord, gave me the keys and told me he needs 14 dasy to move his stuff out, which i have agreed on, so now I dont know why he is trying to screw me over.

      How can it be proven that i have done anything wrong/illegal ?
      His word against mine is it not, plus i will back it up with letters, texts etc.

      Sorry im asking this, but if you see my first thread, you will know why I may have to go through this, as read up on net, about someone who did this and basically didnt get done for nothing as could not be proven at all.

      Comment


        #18
        You'll need to enforce the notice through the courts. If it has been served validly you should not have a problem (provided you served a s.21 or s.8 with mandatory grounds), eventually you will be able to instruct a court bailiff to remove the tenant.

        You absolutely cannot do what you suggested, it is illegal eviction and you can be sent to prison, fined and sued for damages (which can be rather hefty). Also note, if you went to court and lied, you would be in more trouble.

        Follow the law and you won't have a problem.

        edit - I have just reread your post and it was scarier the second time.

        Comment


          #19
          Originally posted by roryl View Post
          edit - I have just reread your post and it was scarier the second time.
          I agree.

          But did you not take a months rent in advance at the start of the tenancy....

          Comment


            #20
            Godfather, here is some bedtime reading for you http://nearlylegal.co.uk/blog/2010/0...-legal-action/

            How about we give you some real dates and figures?

            When did tenant move in?
            How long was his contract for?
            Is his rent due weekly or monthly?
            How much per week/month?
            Is he a lone tenant?
            Is your property a HMO?
            If it is, and it needs licensing, is it licensed?
            Does the LHA come direct to you?
            How much LHA do you get, and how often?
            When was the last payment?
            Have you protected the deposit he DID pay?
            How much TOTAL rent has tenant AND benefits paid to date.

            If you supply answers to that lot, and no one replies before, I'll give you a plan of action after breakfast tommorrow!

            Comment

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