Can I ask for a doctors note

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #31
    Hello all have just started to fill out PCOL and have gone over my section 8 (form3) and have noticed at the end where it requires signature and name in BLOCK CAPITALS I have typed my name as Mr Block Capitals not literally of course you get the picture, does this invalidate my section 8?
    Also I've noticed that the payments schedule I've sent tenant is inaccurate, is it a case of issuing another schedule with the correction made?

    Comment


      #32
      I have issued a new section 8 and a section 21 to the tenant just in case. I also visited the house last weekend and confirmed that the other tenants are OK and the condition of the house is OK. One of the other tenants wants to move into the vacant, larger room and pay a bit more rent, which I've agreed. However today this tenant has said the other tenant who has the two notices served to him, has tried to stop him moving and told him the room is his (he had asked me for it approx a month ago but I'd said no as he couldn't even manage to pay for his current room). The other tenant clearly feels intimidated by him. If tenant 1 obstructs the other tenant or at worst moves into this room without my permission what do I do up until eviction takes place? Can the other tenant or even me claim anti-social behaviour/report the issue to the police? Or is there any other action I could take in the meantime?

      Comment


        #33
        Sorry, don't want to re-read the whole thread so remind me, is this a joint tenancy or room only? If its room only and he moves without permission then I would think he has abandoned his tenancy and is trespassing in another room. In practice getting him out on this basis might be tricky but I would tell him that's how you will view it if he does move without permission.

        Comment


          #34
          Hello again thank you DPT57 for your reply, the tenancy is room only. Things have escalated in that an incident has taken place in that the tenant has now obstructed one of the other tenants in the house from moving to a vacant larger room which I’ve agreed to. When he attempted to move into the room yesterday the other tenant tried to stop him obstructing him from doing so throwing his possessions around shouting vulgar obscenities at the tenant “he is insane on drugs and dangerous”. He is intimidated by this tenant so much that he is scared to move into the new room for fear of what he will do next. He has also changed the lock on his room as he is going to be away for a month working just in case he has got a key for his room that he does not know about.
          He has also said he believes this tenant who also manages the bills is over charging him on average asking for £80-£100 per month.
          I have also arranged to visit the house in a couple of weeks with my wife to help clean the house and this tenant has said to the other tenants that he does not want me to visit as well. I am now not only concerned about the safety of my wife and myself should we visit but the safety of my other tenants.
          I have notified the police about this incident and the history with this tenant intimidating other tenants and shouting at me on a previous visit they seemed to want to help I’ve instructed the other tenant with the help of his friend to go to a police station to make a statement about the incident. Again telling them my statement is nothing without them corroborating details of the incident with the police.
          My question is again can I use the old section 8 as mention in post 30 of this thread just to get this guy in front of a judge sooner rather than later thank you. New section 8 notice expires on 4th March?

          Comment


            #35
            Other tenant needs to call the Police. They will get a lot further than if you call them

            Comment


              #36
              I would forget about going to the house while he is there unless it is an emergency. The situation seems bound to escalate if you do.

              The section 8 is valid for 12 months (s.8(3)(c) Housing Act 1988)

              http://www.legislation.gov.uk/ukpga/1988/50/section/8


              Comment


                #37
                Both tenants are Polish and the one facing the abuse doesn't speak English very well. I have told him to call the police if anything else happens but he doesn't have the confidence to do this. I called the police for advice and they have confirmed what I suspected in that they would like the tenant to contact them. He may go down to the police station with a friend to help translate, as the police did still log the incident, so he has this reference he can take with him.

                Comment


                  #38
                  As far as visiting the house to help the 2 peaceful tenants get on top of the cleaning, yes I think that can wait until the tenant has gone. Forgetting for one moment my tenants safety, my pressing concern is that he has taken the keys from the room and might try to occupy the vacant room. I'm concerned that if he does my section 8 and subsequent eviction would derail if he is in a room that the tenancy agreement doesn't match. I feel the need to visit the house in order to change the lock to prevent him doing this.
                  DPT57 has suggested that in leaving his current room "he has abandoned his tenancy and is trespassing". I am considering phoning the police again using the reference they have given me to ask for advice on what I should do and what help if any they are most likely to offer in this situation should he occupy the room.

                  Comment


                    #39
                    The police isn't going to help you evict.

                    Civil trespassing, you're going to have to evict through court. The result would be..... he'd move back into the other room before you can terminate that tenancy by a notice to quit. Just filed for a possession order already using the section 8 you have.
                    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                    I do not answer questions through private messages which should be posted publicly on the forum.

                    Comment


                      #40
                      If tenant moves into that room is he not squatting as he does not have a tenancy agreement nor permission to reside in the larger room and has done so against my expressed wishes?

                      'Since 2012, it is a criminal offence to trespass in residential property, effectively criminalising squatting. Under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 it is an offence for someone to be in a residential building as a trespasser, having entered as a trespasser; and that person knows or ought to know that they are a trespasser; and they are living in the building or intend to live there for any period.

                      The police have powers to permit forced entry and arrest for this offence. On conviction, an individual may be jailed for up to 51 weeks, or receive a fine up to level 5.'




                      Comment


                        #41
                        Please can you supply the web link to reference the quote you have given.

                        If he has stolen the keys for the other room you could report that to the police.

                        Comment


                          #42
                          Yes of course - the link regarding squatting and illegal trespass in my previous post is:
                          https://www.inbrief.co.uk/land-law/trespass/

                          Comment


                            #43
                            They didn't enter the building as a trespasser. They have a tenancy in another room in the same flat/house.
                            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                            I do not answer questions through private messages which should be posted publicly on the forum.

                            Comment


                              #44
                              Thank you KTC. So you think I can use the existing section 8 notice to seek possession even if the tenant manages to move into a different room (obviously without my permission)? I was worried that the notice having a different room stated on it would prevent me evicting him with bailiffs if he still doesn't leave after the courts grant possession.

                              Comment


                                #45
                                Originally posted by KTC View Post
                                They didn't enter the building as a trespasser. They have a tenancy in another room in the same flat/house.
                                You can trespass in part of a building.

                                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                                Comment

                                Latest Activity

                                Collapse

                                • Reply to N5B Form
                                  by Truth
                                  Thanks Patrick, really helpful....
                                  27-06-2022, 09:33 AM
                                • N5B Form
                                  by Truth
                                  Good Afternoon everyone,
                                  Its my first post on the site and probably like most first posts on here I am asking for help !
                                  Without going into too much detail my tenant has decided to stop paying his rent , after I gave him notice to leave, and ignore Section 8 and Section 21 notices sent by...
                                  24-06-2022, 13:18 PM
                                • Reply to N5B Form
                                  by patrick27
                                  Hi there, I'm currently in a similar situation. I had to visit my local court to ask the same questions after searching everywhere...

                                  Claim No........Leave blank
                                  Issue date.......Leave blank
                                  Fee Acc No......Leave blank

                                  Court fee......Check your local court online,...
                                  27-06-2022, 09:29 AM
                                • Reply to N5B Form
                                  by Truth
                                  Will do .
                                  cheers
                                  27-06-2022, 09:20 AM
                                • Reply to N5B Form
                                  by DPT57
                                  Look at the ones who advertise through landlord websites.
                                  27-06-2022, 09:06 AM
                                • Reply to How to evict professional tenant?
                                  by DoricPixie
                                  The tenant sounds like a delusional bampot. How is he going to afford a very expensive solicitor?

                                  Do you know if the council in which the rental property is located has landlord licensing? I’m trying to figure out where he’s getting this £30k figure from....
                                  26-06-2022, 23:40 PM
                                • How to evict professional tenant?
                                  by CharlesRiver
                                  I have a professional tenant rented my house a few years ago. The tenant relied on housing benefit to pay the rent. It was a one-year fixed term AST, and the tenant refused to leave from then and declined our access to the property for inspection for many years. He damaged the house extensively and...
                                  23-06-2022, 01:48 AM
                                • Reply to Council staying eviction needed
                                  by DoricPixie
                                  The council can’t magic up a suitable property if there are none available. Whilst being able to present as homeless on top of the health issues will give the daughter more points if there aren’t any suitable properties then your daughter is still going to be between a rock and a hard place. Presenting...
                                  26-06-2022, 23:37 PM
                                • Council staying eviction needed
                                  by lostforwords
                                  My daughter is a tenant in a house and has been for 7years without any problems for 6 of the years. Last year she had to give up working full time due to health reasons. Since then they've got worse, she suffered a blood clot which leaves her breathless and can't have oxygen as she has a gas hob. She...
                                  26-06-2022, 14:45 PM
                                • Reply to N5B Form
                                  by Truth
                                  Any tips on a good one to use?
                                  26-06-2022, 22:24 PM
                                Working...
                                X