Possession Claim WON!!! Change of locks???

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  • Possession Claim WON!!! Change of locks???

    Hi guys

    Just to up date you all and ask for more advice. I've just had my claim for possession order granted FORTHWITH!!!

    As tenant didn't show for court and hasn't been at the property for over 3 weeks can I now assume that the property has been abandoned? My major concern now is that I am being told that 'undesirables' (drug dealers and the likes) have got keys to the property and so I am extremely concerned about the safety/security of the place!!!

    I want to go and change the locks desperately!!! Am I safe to do this now???

    Rapid responses to this query would be really appreciated. Many thanks in advance.

    Kind Regards

    J

  • #2
    Your PO has been granted with immediate effect. You are now safely free to go along to the property and if it is indeed empty*, change the locks and secure it.

    If there is anyone in there who is opposed to your entry, you will have to leave and get the bailiffs in which will incur more delay and another fee.

    * by empty, I mean in such a state of furnish or lack of that no-one could live there even though there may be bits and pieces left behind.

    Comment


    • #3
      Joanne, so glad it went your way. Hope you get the answer you want from this forum. Did you say that the house was completely empty now - in which case I would certainly change the locks. The last thing you want now is undesirables trashing your place. How about a quick call first to your local police station - there is usually a neigbourhood watch officer who may be able to give some advice.

      Another idea I wondered about is would your ex-tenant have told the council that they have moved out to stop receiving council tax? Just a thought which could help prove he's gone!

      Comment


      • #4
        Sorry, must be a slow typer today. I see Davidjohnbutton has just given you some good advice!

        Comment


        • #5
          Well done

          Joanne, well done.

          I've just read your posts on your "thieving tenant" and the catalogues in your name. No wonder you reacted to my post on applications for VISA cards by the tenant. It's my biggest fear that I'll get a tenant who does this for a living; remember the film "Pacific Heights". Frightening.

          See my post on "User names".

          rewop
          Last edited by rewop46; 15-03-2007, 14:38 PM. Reason: Inappropriate post
          If you are not offended by what I say then please tell me so that I can try harder next time.

          Comment


          • #6
            Originally posted by rewop46 View Post
            Joanne, well done. I've never gone the court route in 16 years, I wouldn't know how to. I deal with it in another way. I can't give you advice on this question, it would be deemed inappropriate here. Sorry

            I've just read your posts on your "thieving tenant" and the catalogues in your name. No wonder you reacted to my post on applications for VISA cards by the tenant. It's a good thing tenants are not to clever. My biggest fear is getting one who is; remember the film "Pacific Heights". Frightening.

            See my post on "User names".

            rewop
            What a t0sser.
            Now signature free.

            Comment


            • #7
              Thank you

              Thank you

              You didn't use your spell checker did you?

              Lorenzo, you are correct. I have changed it to be more appropriate.
              Apologies for my writing like a "t0sser".

              rewop
              Last edited by rewop46; 15-03-2007, 14:45 PM. Reason: inappropriate post
              If you are not offended by what I say then please tell me so that I can try harder next time.

              Comment


              • #8
                well done Joanne. dont go to the house alone will you? take some big burly minders with you at least!!!

                Comment


                • #9
                  Congratulations on your success.

                  As belt and braces you could display a dated note stating that the locks have been changed for security purposes . Any person requiring entry who no longer has a current key should contact the landlord within fourteen days.

                  Failure to contact the landlord after the locks have been changed could then be regarded as conclusive evidence of abandonment of the tenancy.
                  Vic - wicked landlord
                  Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                  Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                  Comment


                  • #10
                    Job Done!

                    Originally posted by davidjohnbutton View Post
                    Your PO has been granted with immediate effect. You are now safely free to go along to the property and if it is indeed empty*, change the locks and secure it.

                    If there is anyone in there who is opposed to your entry, you will have to leave and get the bailiffs in which will incur more delay and another fee.

                    * by empty, I mean in such a state of furnish or lack of that no-one could live there even though there may be bits and pieces left behind.

                    Thanks for your reply david. Went to the property and got the tenants ex-wife to be present before getting my locksmith to gain me entry. I had let the property with beds, a sofa and freezer and a few other bits and what other stuff remained belonged to the wife. There were none of his clothes in the wardrobe and no food in the cupboards or freezer so as far as I'm concerned it was abandoned!

                    An electric fire (a nice one) had gone missing but the ex-wife has just phoned to say she has spoken with him and he will return the fire. Property was in a slightly better state than I expected to find it so I am counting my blessings tonight!

                    J

                    Comment


                    • #11
                      Originally posted by DianeB View Post
                      Joanne, so glad it went your way. Hope you get the answer you want from this forum. Did you say that the house was completely empty now - in which case I would certainly change the locks. The last thing you want now is undesirables trashing your place. How about a quick call first to your local police station - there is usually a neigbourhood watch officer who may be able to give some advice.

                      Another idea I wondered about is would your ex-tenant have told the council that they have moved out to stop receiving council tax? Just a thought which could help prove he's gone!

                      Diane I would have been very concerned if the house had been empty because I let the property part furnished! LOL

                      I didn't bother with a call to the police because they know less about housing law etc than I do! Last time they had to come out concerning this teanant they actually told me to just 'throw him out and change the locks'. Had I been ignorant enough to take their advice it would've been me in front of the judge today!!! Illegal eviction and all that...

                      I doubt he would've informed council but it's on the top of my list for tomorrow!

                      & guess what.... my tenant (or rather EX tenant) will be getting a court order to settle the whole of this month's rent! & costs! Ha ha ha!!!

                      J
                      Last edited by Joannepowell; 15-03-2007, 17:50 PM. Reason: typo

                      Comment


                      • #12
                        Originally posted by rewop46 View Post
                        Joanne, well done.

                        I've just read your posts on your "thieving tenant" and the catalogues in your name. No wonder you reacted to my post on applications for VISA cards by the tenant. It's my biggest fear that I'll get a tenant who does this for a living; remember the film "Pacific Heights". Frightening.

                        See my post on "User names".

                        rewop

                        Saw your post re user names. Thanks rewop. I havn't seen the film Pacific Heights. Is it worth me taking the time to watch?

                        Picked a pile of post up from the property whilst I was there and although loads of it was addressed to me, guess what??? None of it was actually mine. Second job on my list for tomoz is to hand it over to the police to put with all the other post they have! Great work if you can get it!!!

                        J

                        Comment


                        • #13
                          Originally posted by Poppy35 View Post
                          well done Joanne. dont go to the house alone will you? take some big burly minders with you at least!!!

                          Poppy don't worry! I didn't go alone. I took my bessie mate and arranged for the ex-wife and the locksmith to meet me there. Was so glad to have the place back! It must've been one of the shortest tenancies / quickest evictions on record. Tenant checked in on 4th Novemeber and chucked out on 15th March!!!

                          Power to the Powell! & to be complimented by the judge was icing on the cake.... LOL

                          J

                          Comment


                          • #14
                            Originally posted by Worldlife View Post
                            Congratulations on your success.

                            As belt and braces you could display a dated note stating that the locks have been changed for security purposes . Any person requiring entry who no longer has a current key should contact the landlord within fourteen days.

                            Failure to contact the landlord after the locks have been changed could then be regarded as conclusive evidence of abandonment of the tenancy.

                            Thanks for the advice Worldlife but locks already changed and with possession paperwork en route I won't be wasting any more ink writing notes for this character! No intention of giving him the chance to get his hands on the new keys when it's just cost me £105 to get the bloody locks changed!

                            No disrespect intended worldlife (not to you anyway).

                            Kind Regards

                            J

                            Comment


                            • #15
                              Originally posted by Joannepowell View Post
                              Thanks for the advice Worldlife but locks already changed and with possession paperwork en route I won't be wasting any more ink writing notes for this character! No intention of giving him the chance to get his hands on the new keys when it's just cost me £105 to get the bloody locks changed!

                              No disrespect intended worldlife (not to you anyway).

                              Kind Regards

                              J
                              Don't forget that having a Possession Order from the Court does not give you the right to evict the tenant illegally!!!!!!

                              If the tenant returned and could not get in because you had changed the locks there could be a charge of illegal eviction.

                              By placing a notice as suggested you have a clear defence against illegal eviction.

                              The penalties for illegal eviction well exceed the piddling costs of a few locks.

                              If a request were made for a key (maybe unlikely?) then this would be an opportunity to point out that the tenant will be liable for rent arrears right up until the time vacant possession is given. In accepting any new key you should stress the tenant accepts liability and for Court costs in making your claim for arrears.

                              BTW you are not writing notes for the benefit of the tenant - you are writing a note left on the property to persons who may include the tenant so as to leave a paper trail to demonstrate there can be no claim of illegal eviction.

                              I'm sure you can see the point Joanne
                              Vic - wicked landlord
                              Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                              Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                              Comment

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