Tenant going to prison

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    Tenant going to prison

    Question from a friend who doesn't have internet access. He has a tenant who is currently being held on remand his rent is normally paid for by benefits. What happens if he is convicted? I presume the benefits will stop? What happens regarding serving notice since he isn't at the flat and what about his stuff?

    #2
    If he is sentenced, it is dependant on how long he is sentenced for.

    When I have had a tenant on remand, I have served notice as normal, and treated any belongings left behind as normal.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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      #3
      So if he gets a short sentence might they keep paying? apparently he has been on remand for 4 months already so may well of served most of it before he gets to court. Its a bit vague what he is up for though, something to do with a knife but thats all we know.

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        #4
        Have a read of this link:

        http://england.shelter.org.uk/get_ad...their_families
        Allow tenants to protect their own deposits. I want free money when they do it wrong

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          #5
          thats very useful thanks, will print it off for him.

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            #6
            The issue of serving notices is not a problem - they should be served at the rental address. If he isn't there to read them, not the landlords problem.

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              #7
              Originally posted by Snorkerz View Post
              The issue of serving notices is not a problem - they should be served at the rental address. If he isn't there to read them, not the landlords problem.
              Remember not so long ago, and posted on here, of someone in prison
              sued the landlord for wrongful eviction, as he was in prison and could
              not read his mail to the property.

              He WON his case, and about £ 60000 damages.

              ( Was eventualy quashed when the tabloids and news got hold of
              the story, but after much hassle and almost mental breakdown of
              lady landlords only house, which she would have to sell to pay fine )

              Comment


                #8
                Originally posted by ram View Post
                Remember not so long ago, and posted on here, of someone in prison sued the landlord for wrongful eviction, as he was in prison and could not read his mail to the property.
                Because, surely, the landlady evicted without a court order, didn't she?

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                  #9
                  Originally posted by jjlandlord View Post
                  Because, surely, the landlady evicted without a court order, didn't she?
                  I can't remember, but just shows that you still have to go through
                  the legal process. But maybe putting an abandonment notice on the
                  door, and S21 notice, with dated photos and a witness statement,
                  should be good enough if you don't know where the tenant is ?

                  R.a.M.

                  Comment


                    #10
                    Originally posted by ram View Post
                    I can't remember, but just shows that you still have to go through
                    the legal process. But maybe putting an abandonment notice on the
                    door, and S21 notice, with dated photos and a witness statement,
                    should be good enough if you don't know where the tenant is ?

                    R.a.M.
                    Abandonment notices serve no useful purpose in warding off civil proceedings. All they do is serve to defend a prosecution for unlawfully depriving a tenant of his tenancy.

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                      #11
                      Some relevant links:-

                      http://news.bbc.co.uk/1/hi/england/kent/7605218.stm

                      http://www.lettingprotection.com/New...?newsItemId=32

                      http://www.telegraph.co.uk/news/ukne...-his-flat.html
                      Last edited by daveg; 28-12-2012, 11:45 AM. Reason: 3rd link added

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                        #12
                        Ah so it was only £750 in damage but also £13,000 legal cost (those legal costs really are a scam...)

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                          #13
                          Originally posted by jjlandlord View Post
                          Ah so it was only £750 in damage but also £13,000 legal cost (those legal costs really are a scam...)
                          And that is something we should point out when telling forgetful landlords about the 1-3x deposit penalty. I'd be suprised if a s214 multi-track claim cost quite so much, but the costs are likely to be more than the penalty.

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