entry to carry out repairs, tenant on remand!

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    entry to carry out repairs, tenant on remand!


    This is a two part questionI have a tenant who on the whole is a good tenant and always pays on time, property clean etc. However he has ended up on remand for what exactly I'm not sure, but if the rumours are true he may not be back for a while. Housing benefit are paying his rent so all still good. The problem is that as part of him being arrested the front window on the property was smashed and has been badly boarded up. I want to send in my builder to replace the unit as I feel it is insecure, but I'm obviously unable to speak to him. To make things more complicated he chan ged the locks last year without my knowledge, that's another rant about the LA who did know but din't bother telling me. I'm under the impression he is allowed to change them though.What is my Legal position on getting in to fix it? Also to check all is ok as it is empty. My LA seems incapable of giving me an answer.

    The second part is a just in case. The LA tells me that whilst someone is on remand I cannot serve any notice as to do so would be a criminal offence, but that if he is convicted I can simply get him out. From other posts I have read I don't think they are right on either statement. As said before I don't want to get rid of him as I'm still getting paid just want to know incase things change

    Thanks in advance

    #2
    What does your tenancy agreement state about repairs?

    There is no such law that says you can't serve notice. Ask the letting agent what law you would be breaking?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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      #3
      Does your useless-sounding letting agent have a key?

      If not, then I think you would be justified in gaining acccess anyway - perhaps through the window once unboarded? - to effect urgent repairs for security's sake.

      Notify T that you intend to do this - do you know which prison he is being held at?

      And no, the fact that he's in prison does not men you can evict him any more quickly or easily thn usual. You will need to serve the usual notices and follow due process.
      '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

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        #4
        Originally posted by thesaint View Post
        What does your tenancy agreement state about repairs?
        Irrelevant; windows come under the LL 's statutory repairing obligations.
        '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

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          #5
          Unfortunately my LA doesn't have a key, she only told me about it when I said I anted to fix the smashed window as I thought it left the property insecure. The LA knows which prison he's in as they have dealt with him to sort out the housing benefit.so I'm assuming I can write to him stating that I'm going to get a locksmith to gain entry and change the locks on grounds of emergencey repairs?

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            #6
            Your LA sounds as if she thinks she runs things.

            LA is your *agent*, and any information she has is yours by right, as you are the Principal in the relationship.

            Don't be bullied.

            ML
            Refer Mad Regulators to Arkell vs Pressdram.

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              #7
              I'm starting to learn that. I've been at this for a little under 3 years now and not really kept my LA in my sights! I only ever seem to find out about issues when the T eventually goes to their office and demands they ring me now! I don't want unhappy tenants or bad properties. Just how much should I expect my LA to send me? Would you expect to be sent all AST's, gas safety checks, quarterly checks etc..? I don't want to sour the relationship with them. Apologies for straying off the original thread!

              Comment


                #8
                Originally posted by VPL Bing View Post
                I'm starting to learn that. I've been at this for a little under 3 years now and not really kept my LA in my sights! I only ever seem to find out about issues when the T eventually goes to their office and demands they ring me now! I don't want unhappy tenants or bad properties. Just how much should I expect my LA to send me? Would you expect to be sent all AST's, gas safety checks, quarterly checks etc..? I don't want to sour the relationship with them. Apologies for straying off the original thread!
                Yes, absolutely. Some LLs don't want those things - they just want the LA to do everything on the basis that 'That's what I pay them for', and don't even want to clap eyes on the Ts or go anywhere near the property, ever. Others are happier if the LA keeps them informed about the tenancy. (I certainly would be) and the LA should do your bidding. Given the hopelessness and tenuous legal grasp of your particular agents, that would seem wise.

                As long as you serve noticed on the T at whichever HMP he is being held, you can certainly require possession in the normal way. Problems have arisen in the past when LLs have summarily re-taken possession as soon as T is behind bars, then T has returned and prosecuted LL for illegal eviction. That's probably what you agent is thinking of - but they need to get their facts straight.

                (Apart from anything else, if nobody could evict a convicted criminal while they are in jail, there would be about £80,000 more rentable properties standing empty for years on end across the land. Your rights as a LL are not affected by his conviction).
                '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

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                  #9
                  Back to the original query . . .

                  Presumably, window was used for entry by plod? Therefore, it would be possible for window-fitter to gain entry by same method to open door from inside (I accept that not all doors can be opened from inside without a key). Due to uPVC, most window fitters would be able to change the lock on a door for you too - I guess you'd have to think about how T got back in the property later.

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                    #10
                    Originally posted by Snorkerz View Post
                    Back to the original query . . .

                    Presumably, window was used for entry by plod? Therefore, it would be possible for window-fitter to gain entry by same method to open door from inside (I accept that not all doors can be opened from inside without a key). Due to uPVC, most window fitters would be able to change the lock on a door for you too - I guess you'd have to think about how T got back in the property later.
                    That was my thinking in #3, although I didn't explain it quite so clearly as you!

                    I agree, if front door locks can be changed too, that would be preferable. Inform T that he is welcome to a new key as soon as he needs it.
                    '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

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                      #11
                      That was my thought to let him know new keys at the LA office. The bit about him being inside was that he is on remand and not convicted. I was told that whilst he is specifically on remand you can't serve a section 21 but I could if he was convicted? Probably not true!

                      Comment


                        #12
                        Originally posted by VPL Bing View Post
                        That was my thought to let him know new keys at the LA office. The bit about him being inside was that he is on remand and not convicted. I was told that whilst he is specifically on remand you can't serve a section 21 but I could if he was convicted? Probably not true!
                        His being on remand does not alter his rights as a tenant nor yours as a landlord.
                        '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

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