Problem tenant changed the lock but need to enter his room

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    Problem tenant changed the lock but need to enter his room

    Dear Forum,

    I have a tenant who I have signed section 8 notice too, due to rental arrears, but he keeps saying that the basement room is flooding. Dynorod have checked all pipes, and when replacing the floor there are no signs of anywhere for water to come into the property, with the exception of a window that I believe the tenant is leaving open, as have seen him use this to gain access whilt locking himself out.

    The floor was only recently replaced, and first time tenant tried to claim for loads of damage to clothes bed etc, but when visiting there was only a few smelly clothes on the floor.

    There has been heavy rain today, but I dont wont to replace the floor again until the tenant has been removed, as strongly believe its him that is causing the damage, but would like to know the thoughts of others who may have had the same or similiar problems.

    Thank you

    #2
    Unfortunately I think you may have a battle on your hands, as Section 8 can be defended under disrepair claim.

    Have you also issued a Section 21, as this has no similar get-out option for the tenant.

    Comment


      #3
      Hi LesleyAnne

      Tenant I'm sure will claim disrepair, he has moaned that his room smells of damp, yet he has piles of dirty clothes everywhere and also a rubbish bin filled with rotten food / rubbish. My concern is that when I repair again, hes going to ruin again. My last visit he complained that a wall light wasnt working in his room, so I changed the bulb and hey presto it worked. Have also issued a section 21, but want to get tenant out asap as hes a nuisance to other tenants and inviting drug users into the property to smoke canabis is his room -blocking off the smoke / fire alarm to do so.

      Comment


        #4
        Fastest way to remove tenant

        Dear Forum,

        I have a tenant who I served both a Section 8 and 21 notice on.

        This was done due to non payment and the fact the tenant is flooding the floor in his room to try and make false claims against me.

        I have just used the PCOL website with my section 8, but cant get a hearing until 9th January 2013.

        At the time of serving section 8 I never put anything down for criminal damage to my property, as this has only happened after I served the notice.

        Any advice on getting tenant out or an earlier court hearing most welcome. I used the section 8 route, as I believed this would be quicker and also enable me to have a claim for monies owed.

        Regards

        Comment


          #5
          That's about the right diary time. Unfortunately the courts are not renowned for speed. I've booked some today and got 10th Jan so it's right. PCoL is the fastest way as a paper application takes even longer.
          Without the courts, there are no legal ways of 'forcing' your tenant out, so don't criminalise yourself by going down that road. Depending on the level of criminal damage (such as arson) you might be able to get an injunction, but it's unlikely.
          Sorry to hear of your troubles, but your patience will be rewarded......
          I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

          Comment


            #6
            What grounds are you relying on under S8? Was the deposit protected within a registered scheme?
            [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

            Comment


              #7
              You won't get a quicker hearing than early Jan in my opinion.
              How many weeks/months rent were unpaid when you served the Sec 8?
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                Only bribery , sorry you have my sympathy...
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Problem tenant changed the lock but need to enter his room

                  Dear Forum,

                  I have a tenant who is causing endless problems at my property, flooding his room etc, but now there seems to be a problem with the eletrics, but dont have access to his room, but need to make sure that a faulty appliance has not been plugged in, as currently no plug sockets are working.

                  Britisg gas homecare are coming around soon, but what options if any do I have, the tenant wont answer his phone or provide a key to his room.

                  thank you

                  Comment


                    #10
                    Already served section 8 but can I add another grounds for eviction

                    Dear Forum

                    I have a hearing date for a section 8, but since serving the tenant notice on grounds for rental arrears, he has now decided to cause considerable damage to his room.

                    Do I simply request grounds 13 be added at the hearing, as its likely that the tenant is going to use the state of the room, which he keeps flooding as his reason for non payment.

                    thank you

                    Comment


                      #11
                      It's not so much a Section 8 Notice as the Grounds that you are using. Have you served Grounds 8,10 & 11 to date. Only Grounds 1-9 are mandatory, the rest discretionary which means the judge has to be convinced that you have good evidence of wanting possession under such grounds. How are you going to prove Ground 13?
                      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


                        #12
                        Two related threads have been merged.
                        I also post as Mars_Mug when not moderating

                        Comment


                          #13
                          Tenant claims his basement room keeps flooding. Enviromental services visted but informed me that the water was clear and on top of the laminate floor, so when I visited tenant I filmed the room, which was OK, apart from a little water on the top of the floor.

                          I used a long spirit level and showed the tenant that the area where the water was, was infact higher then where he said the water was coming in.

                          I had an email yesturday from enviromental services again, telling me the tenant has now ripped up the laminate floor as he had claimed it was under 50mm of water, but there is no evidence of this.

                          I have a meeting on Saturday with the Police, but they keep telling me its a Civil matter, but I believe it malicious criminal damage by the tenant, as he keeps asking for compensation or refusing to pay his rent.

                          Possession hearing set for beginning of January, but tenant wont stop causing problems in his room or other areas of the house.

                          Comment


                            #14
                            I have another room in the property which has just become available, and was wondering what the implecations would be if I move the tenant from the basement room to another room which he cant claim is flooding. I want to do this so that I can gain evidence that the tenant has self flooded the room, but would this effect my Section 8 notice, due to room change. Any help most welcome thank you.

                            Comment


                              #15
                              Do NOT move the tenant as that would create a new tenancy.

                              Comment

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