Tenant on Benefits, moved out without notice, all stuff still there...

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    Originally posted by smoulki02 View Post
    Hi thesaint,
    Thanks very much for your reply.
    I visited the property to do another inspection after sending a notice of inspection letter approx 3 days before. When I visited, I knocked on the door several times, no answer. I tried to unlock the door, the handle would go down but the door wouldn't open. I was very confused, notified police and mentioned previous drug incident. Police said they can't do anything. Spoke to tenancy relations and they said do not force entry. You can either wait til s21 expires or issue a section 8 under partial rent arrears and nuisance OR wait til 2 months rent arrears and use that as grounds for possession.

    I contacted her support worker about the locks and not being able to get in as I do not have a number for T. She spoke to T and T is saying that she hasn't changed the locks but her key was in the door so that's why I couldn't get it. I think she's either changed locks or someone was standing behind the door. Due to giving plenty of notice and T not letting me in, that's another part of the contract she has breached. Contract also mentions no one should be doing anything illegal or immoral inside the property.

    Thanks for the update about squatters rights, that helps.

    Support worker mentioned that T is staying at her gran's and will not surrender tenancy due to having nowhere to store her furniture....I'm pretty sure a support worker could help with that issue so not sure how true that is.

    Support worker also insists that T intends to leave the day s21 expires....is this to stop me issuing a section 8 for rent arrears? In your experience, am I likely to gain possession through section 8 2 month rent arrears/nuisance grounds or should I just wait for s21 to expire?

    Thanks in advance for any advice.
    Section 21 and 8. Apply to the courts for possssion order. Gain possession order. Visit house after PO granted. If not, book in balifs.

    It may be worth trying the squatters route but until the tenant has surrendered (as explained in plenty of detail before) you still do not have possession.

    And please... Seek professional advice and get a legal professional to draw up the notices. You might spend a few hundred pounds on notices, but if you get them wrong (a distinct possibility) you are back to square one (re-serve, at a cost of 2 months lost rent/time.

    Ps. Did I recommend seeking professional advice?
    Liability statement. My liability to you is not to exceed the amount you are paying for my recommendations or advice.

    I see a bright new future, where chickens can cross the road with no fear of having their motives questioned



      Warning - section 1 of the 1988 Housing Act states

      1(1)A tenancy under which a dwelling-house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as
      (a)the tenant or, as the case may be, each of the joint tenants is an individual; and
      (b)the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home
      Therefore there is clearly an argument that this tenancy is no longer an Assured (Shorthold) Tenancy. Section 8 & 21 of the same act can only be used on Assured tenancies.

      If the current occupiers are guests of the tenant, but you haven't granted permission for them to be there (which, obviously you haven't) they will be removed when the bailiff comes a calling.


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