Thought tenant had left after section 8, appears not

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    Thought tenant had left after section 8, appears not

    Hi Guys

    Im new here, please be gentle. I'm not a professional landlord - Just an inexperienced dufus who has been taken for a ride by the tenant from hell. This is my only property I rent which I bought before I met my husband.

    Long story short - she has never paid rent on time and has always been i arrears. House is completely trashed too. Gave her a section 21 in Feb, wrong section 21 so start again. Served her with a section 8. Won court case last week.

    She moved out on day of case, told the neighbours she'd be booted out etc and place was empty (excluding rubbish and junk) So, went in after 3 days changed the locks. Low behold next morning shes ringing the agent(which I only took on lately)shouting for her 'stuff'. He said yes no prob(and we let her i immediately) you had informed me and neighbours you were moving last of your things several days ago and we mistakenly thought you were gone and your landlady is very sorry, she seemed ok. Yes i know, I'm an idiot.

    She has since moved everything but is still in there sometimes, its totally empty. As long as she hasn't sought advice Ill proceed with baliff.

    What is she has sought advice. What happens now? Im sure the courts will be on her side rather than a hard working pregnant and now penniless Mum! I am so stressed from all of this.

    Someone give me some hope.

    #2
    I think it was a mistake to change the locks as the tenancy has not ended until the Bailiff executes any Warrant. The tenant could easily take the matter back to court under the Protection from Eviction Act 1977 and a judge might well award the tenant damages and possibly fine you, as it is a criminal act to evict a tenant unlawfully. Keep your fingers crossed.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      Originally posted by Saffi262 View Post
      As long as she hasn't sought advice Ill proceed with baliff.

      What is she has sought advice. What happens now? Im sure the courts will be on her side rather than a hard working pregnant and now penniless Mum! I am so stressed from all of this.

      Someone give me some hope.
      I don't know what you mean by her seeking advice, and that being the deciding factor?

      Forget about illegal eviction and the like, just get down to the court house in the morning and appoint bailiffs.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        I think this has a potential to be complicated and would suggest you seek legal advice from a solicitor (as there is always more information which is relevant that we have not been told).

        In theory, it could be argued that an action of the tenant has ended the current tenancy i.e. her surrender of the property by vacating on the court date. (i appreciate open to argument)

        If you have subsequently allowed her to return to collect items only, then she in law is a licensee (no different to giving the keys to the gas man) and therefore has no right to remain at the property. You may have to seek her removal as a trespasser rather than tenant.

        I am possibly playing devils advocate but hope you can see my reasoning behind seeking legal advice.

        Comment


          #5
          I would go with thesaint - send in baliffs
          Unshackled by the chains of idle vanity, A modest manatee, that's me

          Comment


            #6
            May I ask what you think the tenants financial situation is? Also, do you know if (and where) their home now is?

            Comment


              #7
              Originally posted by Saffi262 View Post

              She has since moved everything but is still in there sometimes, its totally empty. As long as she hasn't sought advice Ill proceed with baliff.

              What is she has sought advice. What happens now?
              What happens is that you apply for bailiffs to execute the warrant of possession, and thereby legally end the tenancy and regain possession of the property.

              If you're worried that T may claim damages for unlawful eviction, this is an entirely separate matter, and from what you say it's very unlikely T would be awarded anything, i.e. you genuinely believed that T had vacated, and T was immediately given access when she complained and suffered no loss.

              Comment

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