section 21 hearing

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    #61
    Aren't the bedrooms locked?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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      #62
      Originally posted by thesaint View Post
      Aren't the bedrooms locked?
      They are now, but I don't have much faith in that.

      But this tenant is a known squatter, he used to live is squats before he came to me. He used to live on the streets he tells me. (sadly he only told me these things after he had been with me for a while.)

      If he does not get another place, he will squat again. I would like to know if, because he is an x-tenant of mine, that the new law cant be applied to him, as it was to the other man.

      Does he become a trespasser after the bailiffs removes him and he tries to return?

      It was not clear from what I have read.

      Also what can anyone tell me about the legality of installing CCTV at the property. I can get the remaining tenant to agree to it. What if new tenants object to CCTV on the perimeter of the house?

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        #63
        Without legal training, but I would say that after he has been removed by bailiffs then he would be a squatter if he moved back in, it may even be breaking and entering since you have changed the locks.

        CCTV should not be of any concern to a law abiding tenant.
        I offer no guarantee that anything I say is correct. wysiwyg

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          #64
          Originally posted by rmim View Post
          I came across this:

          (2)The offence is not committed by a person holding over after the end of a lease or licence (even if the person leaves and re-enters the building).
          Now in my case, at some point the tenant will be removed by the bailiffs. Does the above mean, if he somehow re-enters (without breaking in?) he can squat because he used to have a tenancy agreement?
          Legal Aid, Sentencing and Punishment of Offenders Act 2012

          s. 144 Offence of squatting in a residential building

          (1) A person commits an offence if—
          (a) the person is in a residential building as a trespasser having entered it as a trespasser,
          (b) the person knows or ought to know that he or she is a trespasser, and
          (c) the person is living in the building or intends to live there for any period.
          (2) The offence is not committed by a person holding over after the end of a lease or licence (even if the person leaves and re-enters the building).


          As I understand it, if a tenant is evicted by a bailiff, then if he subsequently re-enters, he will be entering as a trespasser. Holding over is when a tenancy ends by, say, the T having given notice to quit, but the T then fails to vacate.

          Comment


            #65
            Originally posted by jta View Post
            Without legal training, but I would say that after he has been removed by bailiffs then he would be a squatter if he moved back in, it may even be breaking and entering since you have changed the locks.

            CCTV should not be of any concern to a law abiding tenant.
            Thanks for the reply jta.

            This is what im referring to

            10.Subsection (2) makes clear that the offence cannot be committed by a
            person holding over after the end of a lease or license (even if the person
            leaves and re-enters the building
            ). ‘Holding over’ is a term used to
            describe the situation where a tenancy or licence comes to an end, but the
            tenant or licensee remains in occupation.In certain circumstances, such a
            person may be alleged by the landlord to be a trespasser. This express
            provision is designed to ensure that the offence does not apply in these
            cases. The offence only captures those whose original entry and
            occupation of the building was unauthorised.
            The part that says even if the person leaves and re-enters the building - does that count if a bailiff (court order) forced him to leave?

            Thanks.

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              #66
              Originally posted by westminster View Post

              As I understand it, if a tenant is evicted by a bailiff, then if he subsequently re-enters, he will be entering as a trespasser. Holding over is when a tenancy ends by, say, the T having given notice to quit, but the T then fails to vacate.
              Thanks for the reply westminster - I can sleep easy now.

              edit but what about

              The offence only captures those whose original entry and
              occupation of the building was unauthorised.
              his original entry, when he first came was authorised. or am i just confusing things.

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                #67
                What part of the law are you quoting? i.e what's your source?
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #68
                  The action of the bailiff ends the tenancy once and for all. The person would be as stranger if he re-entered
                  I offer no guarantee that anything I say is correct. wysiwyg

                  Comment


                    #69
                    Originally posted by thesaint View Post
                    What part of the law are you quoting? i.e what's your source?
                    thanks for reply.
                    something I found on the net

                    Circular No. 2012/04
                    TITLE
                    Offence of Squatting in a Residential Building
                    From: Criminal Law and Legal Policy Team
                    Issue date: 22 August 2012
                    Implementation date: 1 September 2012

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                      #70
                      Originally posted by jta View Post
                      The action of the bailiff ends the tenancy once and for all. The person would be as stranger if he re-entered
                      great stuff - I can sleep again.

                      Comment

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