Sitting tennant no contact

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    Sitting tennant no contact

    I have a tennant who is sitting after refusing a Sect.21 notice. I have applied for a notice of possession through the county court and she has until 19 May to submit a defence. My agent and myself have made countless attempts to contact her to no avail. Im afraid that she might continue to sit and ignore my demands for payment/possession. Can i make a "peaceable entry" to the property on the grounds that i believe she may have left. Some belongings are still in the house but noone has seen her for some time. My family have nowhere to live asof 23rd May and i desperately need my house back. Any advice gratefully received.

    #2
    Repossession

    You are on very dodgy ground taking possession without a court order, regardless of whether your tenant is in residence of not - it could all back-fire on you drastically.
    In any case you are obliged to take care of any possessions.
    My approach would be to involved the local authority housing people. If she really has disappeared only retake possession with the full knowledge and approval of the housing people.

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      #3
      http://www.landlordzone.co.uk/legal/abandonment.htm
      All posts in good faith, but do not rely on them

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        #4
        Thanks

        Appreciate the replies, it seems to me that the law is heavily weighted against the landlord !! It seems ludicrous that all the evidence suggests that the tenant has gone and i cannot take possession of my own property. My next step is to contact the housing association and inform them that asof 23 May my family are homeless. Cheers.

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          #5
          You are entitled to enter the premesis without consent to check out the place 'in an emergency' eg gas leak. Some LL's might make such an excuse to see if the tenant has abandoned the property.

          But your best bet is to get some verbal/written communication from the tenant saying that she has surrendered the tenancy; or she may have left the keys in the house which would indicate surrender.

          If you are desparate; why not get someone to trace her wherabouts so that you can get a definate answer that she has moved out. I take it that you have written to her? There may be a mail redirect.How about sending a letter c/o her bank.

          Talk to Shelter about your own problem of accomodation.

          Best of luck.
          All posts in good faith, but do not rely on them

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            #6
            Bel: It's desperate & definite!
            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.

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              #7
              Originally posted by Paul_f View Post
              Bel: It's desperate & definite!
              Careful, or else Poppy35/Sharemaster 2 will be round to savage you on grounds of accuracy/pedantry [delete one]; I know- I was that man...
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

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                #8
                Originally posted by bulldogfogg View Post
                Appreciate the replies, it seems to me that the law is heavily weighted against the landlord !!
                Did you see the news last night where it mentioned the paedophile living within school grounds who could not be evicted due to technicalities with the paperwork sent to court!!!

                PS. Jeffrey, you obviously are a reformed man!

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                  #9
                  Originally posted by DianeB View Post
                  Did you see the news last night where it mentioned the paedophile living within school grounds who could not be evicted due to technicalities with the paperwork sent to court!!!

                  PS. Jeffrey, you obviously are a reformed man!
                  Er, I wasn't THAT man. Anyway, pedantry isn't anything to do with children!
                  I remember the twerps in Southampton who torched the house of a paediatrician whilst under the impression that he/she was a paedophile.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

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                    #10
                    LOL Nice one!

                    I actually meant the word premesis (premises) !!!

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                      #11
                      Originally posted by DianeB View Post
                      LOL Nice one!

                      I actually meant the word premesis (premises) !!!
                      Tell Bel.
                      A good name for the follow-up to Kill Bill?
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                        #12
                        Originally posted by jeffrey View Post
                        Tell Bel.
                        A good name for the follow-up to Kill Bill?
                        No way! I don't pick people up on their typos - people in greenhouses etc.

                        Kill Bill, Tell Bel. Hmm, maybe in Bulldogfogg's case it should be Keys Please!

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                          #13
                          Defence period over

                          Having read your word gymnastics just thought id update you all... 14 day defence period has just lapsed, still no contact with the tennant. I have now asked for possession and costs, what is the usual timeframe without a defence being entered ?? What if i take possession with the court bailiffs and all her kit is still in there, can i retain it against outstanding arrears and court costs ??

                          Regards

                          Comment


                            #14
                            Time varies locally; phone your court for advice.

                            When you are given possession, you can enter (without bailiffs). If tenant or evidence of tenant still living in property you must leave and instruct bailiffs...takes a few weeks more. If there are only a few random items left then you could assume the tenant has gone.

                            Tenants goods: http://www.landlordzone.co.uk/uncollected_goods.htm
                            All posts in good faith, but do not rely on them

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                            You can search the forums here:

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                              #15
                              It seems a defence was entered at the last minute. I can only assume that my tenant is playing me for time and taking the proverbial piss !! Judge has said that there has to be a hearing. Anyone give me any advice on what i need to do at the hearing ?

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