T changed locks without consent as L entered without consent

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  • Moderator1
    replied
    Four threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

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  • shiraaz
    replied
    small claims

    the county court in the area the property area is in said they only instruct bailiffs to deal with amounts up to £5000..... i was told i have to use what is called a 'writ'........anyone with experience of this? thanks

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  • westminster
    replied
    Quoting from the other thread


    Originally posted by shiraaz View Post
    Dear readers
    Does anyone know the best way of enforcing judgement on rental arrears which amount to £8000? The county court said that they don't deal with amounts more than £5000. Help..... the next step is the high court????????? is this correct or can I instruct a bailiff outside the court?
    Thanks in advance.
    There are three 'tracks' in the county court, and the limit for the small claims track is £5,000. If the claim is more than this, it may be allocated to another track (where court fees are higher, and the parties are exposed to each others' legal costs). A claim for £8,000 WILL be dealt with by the county court.

    The first step is to make a claim and obtain a county court judgment (CCJ). When you have this, you can then apply to enforce the CCJ. You can't 'instruct a bailiff', as you say, before you have a CCJ - an actual judgment - to enforce.

    See also
    http://www.hmcourts-service.gov.uk/i...ment/index.htm

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  • Snorkerz
    replied
    You can sue for any amount you like - the county court is NOT limited to £5k.

    However, your claim would not be allocated to the 'small claims track' if over £5k - it would be allocated to the 'multi-track' or 'fast track' depending on its complexity.

    These tracks are not a straight forward as 'small claims' (which is designed to be simple for the man-in-the-street) so you would probably need some sort of legal representation. If you win, you can ask for the costs of legal representation to be added to your order (which you can't do in small claims) - but if you lose, your opponent has the same option.

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  • theartfullodger
    replied
    You say "enforcing" - so have you won a court case of money owed?? If not there is, I think, nothing to stop you suing twice for two different periods..?? (I did a similar thing in another jurisdiction .. for another reason...)

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  • theartfullodger
    replied
    Originally posted by shiraaz View Post

    I will obtain property hopefully on the 1st Sept.
    Blimey, that's a long wait, the bailiffs must be busy where your are Esthe..

    Leave a comment:


  • shiraaz
    replied
    rental arrears over of £8000

    Dear readers
    Does anyone know the best way of enforcing judgement on rental arrears which amount to £8000? The county court said that they don't deal with amounts more than £5000. Help..... the next step is the high court????????? is this correct or can I instruct a bailiff outside the court?
    Thanks in advance.

    Leave a comment:


  • shiraaz
    replied
    Tenant owes rent and I obtained a possession order yesterday. I have always written to the tenant and given a weeks notice that I was visiting.... I don't want to enter the property without her knowledge for sure. I was once evicited and I know how painful that was. Finding your land lord has been in your house and gone through your stuff is painful.

    I will obtain property hopefully on the 1st Sept.

    Thanks for responding

    Leave a comment:


  • mind the gap
    replied
    No, you cannot insist on entering the property without your T's prior consent unless you have a court order to enforce any clause in the tenancy agreement which allows you access. This takes quite a while though - you could probably require possession using a section 21 notice before that. Are they paying the rent? When does/did the fixed term end?

    There are a number of reasons why Ts change the locks and it would actually be quite difficult for them to sell your house. Estate agents should ask to see title deeds/proof of ownership before they market it.

    Leave a comment:


  • theartfullodger
    replied
    a) Tenant can change locks as long as they change them back at the end of the tenancy.. You are not entitled to a key of their new lock.
    b) Tenant does not have to allow you any visits, inspections, surveys, valuations etc. etc. etc. if they do not want you in their home .. (your investment).

    Why do you think the tenant changed the locks?? Have you been in the habit of visiting frequently>??

    When you visit do you give 24hr written (written, not voicemail, not TXT, not email..) warning?? (T can still decline visit - either a general "No visits" letter beforehand or specifically to your request..

    Any harassment or invasion of T's provacy is likely to he looked on badly by any judge... be careful!!

    Cheers!

    Artful

    Leave a comment:


  • roryl
    replied
    You cannot enter the property without the Tenant's expressed permission. You own the property but it is the Tenant's home so they are entitled to prevent you (or anyone) from entering (except in an emergency).

    Do you know why the Tenant has changed the locks? Have you entered or attempted to enter the property before?

    Leave a comment:


  • shiraaz
    replied
    Tenant changed locks but didn't tell landlord

    Dear readers
    Tenant changed locks and is not allowing me to visit the property to check on the condition. Am I allowed to change the locks again so I have a key? I have read many articles where tenants sell properties that they are renting... I don't want this to happen. Would I have to go to court to obtain an order for tenant to provide me with a key? Surely its my house and as long as I give the tenant notice that I'm visiting, this should not be a problem?? Am I right?

    Any help and advice is much welcome. From a distressed landlord.

    Thanks

    Leave a comment:


  • shiraaz
    replied
    Court judgement

    Dear readers
    If the court grants you a court judgement, does anyone know how this is enforced? If the tenant told the court that she would clear the rental arrears instalments but has not kept her promise....how do I instruct the bailiffs to proceed with enforcement?

    What form do I need to complete and can I obtain this from the hmrc court service website?

    Thanks

    Leave a comment:


  • Snorkerz
    replied
    Is your deposit protected?

    If it is, contact the deposit company immediately and let them know that any security code they have given you (for DPS it would be the Tenants Repayment ID) has been compromised, and you need a different one.

    Leave a comment:


  • thesaint
    replied
    Report crimes to the Police.

    Leave a comment:

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