Old tenant won't permit new applicants to view

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    Old tenant won't permit new applicants to view

    Heres the thing:

    Tenant moved in March, paid up until June. Because of constant problems with the tenant we decided to give him section 21. This expires 7th September. I have advertised his flat for rental and have had loads of calls but cant get in touch with the tenant. We lost contact with him in June... Weve got incorrect mobile numbers and he avoids all letters.

    What do I do with all the "new tenants" calling... They want to view but cant.. Can I give him notice saying in 3days time a viewing will take place at 4pm for example? And just hope the place is in good condition! His also now 2months in arrears.

    What happens if he doesnt move out September 7th? How long will it take to get him out?

    Help required for this unruly tenant!!

    #2
    Basically if he refuses access, not a lot you can do. Do you have a key? If you put notice in writing to him 48 hours in advance then he must explicitly refuse the access. So if he does not contact you, you can enter the property.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment


      #3
      Yes we do have a key, so if I give him notice we can enter the property with a "future tenant". Although probably not advisable because the tenant may be there.. Doesnt look good us walking through the door and the tenant is sitting on his settee!

      I cant believe how tenants get it so good!!!

      Comment


        #4
        I would get the propety off the market... this could drag on for a few months! In the case where possession is being obtained via court (as this will be the only way to regains possession) we do not even advertise the property until the tenant is gone and we have looked at the state of the property. It does not look very professional if you walk in with a prospective tenant and the place is a tip!

        My recommendation would be to not even advertise until you have possession and you have assessed the state of the property!
        GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

        Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

        Comment


          #5
          I wasn't even thinking of court !!!

          I hope it doesn't go that far!!

          I will have to read up on other threads about the procedure.. Im a court virgin

          Comment


            #6
            Originally posted by MrShed View Post
            If you put notice in writing to him 48 hours in advance then he must explicitly refuse the access. So if he does not contact you, you can enter the property.
            Is this the case? I thought the LL needed actual permission from the tenant.

            Comment


              #7
              You can NOT legally enter a tenanted property without the tenant's explicit permission except in an emergency and/or to carry out essential repairs. Even then, you must if at all possible give at least 24 hours notice that you or your agent will enter. If your tenancy agreement states that the tenant must allow viewings, sorry, that's not enforceable in law and the penalties for entering without permission are severe.
              This may seem that it is all in the tenant's favour but remember, it is the tenant's home, how would you like anyone to barge in to your home at any time? The law protects good tenants from bad landlords and does allow good landlords to get rid of bad tenants, it is a compromise but not a bad one.

              Comment


                #8
                You are allowed in the property with 48hours written notice to the tenant. Im sure this is correct!

                Comment


                  #9
                  As Mr Woof correctly stated, a landlord is not permitted to enter a tenanted property as it is their HOME except in an emergency. Any clause empowering this in a tenancy agreement is null and void whether notice of any period is stated or not. Tenants would be unwise not to be reasonably cooperative with landlords if they want a reference to help secure their next tenancy or if they want repairs/maintenance to be carried out, but they have a legal right to refuse any access for any purpose if they wish.

                  P.P.
                  Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                  Comment


                    #10
                    Originally posted by rainbowcuddles View Post
                    What happens if he doesnt move out September 7th? How long will it take to get him out?
                    If he doesn't move out by September 7th then I'll doubt if your remove him before January 7th 2007 and thats by going through the courts.Typical time in London at the moment 4months and if he put's in a defence proberly another 2 months on top of that.
                    Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

                    Comment


                      #11
                      Originally posted by pms View Post
                      If he doesn't move out by September 7th then I'll doubt if your remove him before January 7th 2007 and thats by going through the courts.Typical time in London at the moment 4months and if he put's in a defence proberly another 2 months on top of that.
                      Time taken varies up and down the country, in my area, courts give a date to be out around four weeks from the application date and bailiffs another four weeks. There is no defence against a properly served S21 but the tenant can ask the court for extra time, this has happened to me once and the judge denied the application.

                      Comment


                        #12
                        Originally posted by MrWoof View Post
                        Time taken varies up and down the country, in my area, courts give a date to be out around four weeks from the application date and bailiffs another four weeks. There is no defence against a properly served S21 but the tenant can ask the court for extra time, this has happened to me once and the judge denied the application.
                        Thanks Mr Woof for pointing that out.I should have put in my reply provided that the S21 is correctly served then he would have no defence.
                        Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

                        Comment


                          #13
                          Hello,

                          The bottom line is, the law will never protect good landlords. It can take min 6 months from day of non payment of rent to evict a tenant. This can happen again and again.During this period your property is being trashed or burnt.My family have been through all of this, and tenant walks free.

                          I feel sorry for all Landlords who go through this, when will the law change or at leat be fair.

                          I work for a organisation who has tenants in 3k to 10k of unpaid rent,and courts dont do a thing.

                          Best thing be a tenant, you get everything for free....lol

                          Comment


                            #14
                            Originally posted by MrWoof View Post
                            You can NOT legally enter a tenanted property without the tenant's explicit permission except in an emergency and/or to carry out essential repairs.
                            This has been discussed at length before, and was judged to require explicit refusal of 48 hours written notice of entry. Do you have a link to legislation? Or would a more seasoned member care to give their tuppence worth? I'm fairly sure I'm right...but would welcome correction!
                            Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                            Comment


                              #15
                              Originally posted by MrShed View Post
                              This has been discussed at length before, and was judged to require explicit refusal of 48 hours written notice of entry. Do you have a link to legislation? Or would a more seasoned member care to give their tuppence worth? I'm fairly sure I'm right...but would welcome correction!
                              You are correct Mr Shed.The only legalation I think of is under S11 L&T(1985) where the Landlord can enter the property by giving 24hours notice to carry out emergency repairs.
                              Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

                              Comment

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