Can I ask for a doctors note

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  • michael james
    replied
    Went to the Property yesterday changed the locks. I had arranged for a British Gas Engineer to be booked in for that day asked the tenant who was waiting to act as a witness to check the boiler again. He texted that the other tenant had left but that he had left the house in a mess mentioned nothing about the boiler. Assuming boiler was ok cancelled engineer.
    I arrived at the house change the lock and before going tenant said the boiler seemed to be locked in a fault. The manual was also missing from where it should be. We are currently going through trouble shooting to see if we can figure out what he has done.

    Advice please firstly should I respond to his FBook posting calling him out on his slanderous remarks or email/text him directly or just let him continue to see what else he comes up with, and use it in court?
    Sorry to go back to a previous post:
    "Also I have had complaints from 3 female tenants about him in the past (none of which are still renting from me) who felt threatened by him – 2 have complained about him entering their room without permission, not even knocking, to confront them. The third locked herself in a bathroom when he was being verbally aggressive towards her. On each of these occasions I have advised the other tenants that they should call the police and that I cannot do anything unless they do so. I have also talked with the tenant in question about each of these complaints as they arose, telling him that his behaviour was unacceptable and that I had advised the complainants to phone the police."

    Should I try and bring these into my proceedings or leave them out?

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  • michael james
    replied
    Yes of course, I was going up last night, but my witness pulled out last minute. I live 3 1/2 hours away and this Saturday is the only time I can get a friend available to join me. Also it is the only time when one of the other tenants will be in to witness that me and my friend have not arrived to evict him or beat him up.

    To add to this he has posted this on F Book today:
    Hello Friends? Looking for someone to help with my broken boiler, because landlord do not have any insurance on the house I live in and I had a serious leak yesterday. Thank God, I’ m still alive..

    One of my tenants spotted it today, of course there is nothing wrong with the boiler.

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  • MdeB
    replied
    You should have changed the locks weeks ago.

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  • jpkeates
    replied
    Go and change the locks on the empty room today.
    If there's an unwanted person in the property, that will be another problem to resolve.

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  • michael james
    replied
    Hello all thanks for input it's all good. Yesterday I mailed him reminding him his notice was expiring on the 4th and that I hadn't seen any payments in my account and that it was my intention to seek possession. I received a text saying 'we both have a date in the High Court hope you win'. More nonsense. He has also instructed another tenant to tell me that the police have put the house under surveillance.
    I have just had a text from one of the other tenants to say he thinks Claude is going to try and rent the vacant room. He heard him showing someone around late last night. This morning found him in the vacant room roaming around before he had to go to work and tenant screamed in his face accusing him of murder and that the police are coming for him.
    I've phoned the tenant just to reassure him but that I have decided to go up and change the lock on the room this Saturday with a friend as a witness, the tenant is going to try and be there as a witness, also the day before tell the police what I am intending to do and invite them to be there.

    Question. If he does take money of someone and try and rent that room, gives them keys some sort of a contract what do I do?

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  • KeepTheFaith
    replied
    Originally posted by KTC View Post

    Not if the solicitor is trying to practice in an area they're not actually knowledgeable in
    Well let's just hope the Solicitor wasn't winging it too much. It sounds like MJ had some useful information from him. It is disappointing the Solicitor hasn't done PCOL. Maybe that's because it's designed more for a litigant in person?

    ​​​​​​Solicitors charge a lot and in my experience it's difficult not to come away without feeling you have been robbed to some extent! (I find the same with vets!)

    In both cases I tend to do some researching afterwards to see if it backs up what they are saying.

    Leave a comment:


  • KTC
    replied
    Originally posted by KeepTheFaith View Post
    Good the Solicitor reduced his fee!
    Not if the solicitor is trying to practice in an area they're not actually knowledgeable in.

    Originally posted by michael james View Post
    Solicitor no experience on PCOL

    Leave a comment:


  • KeepTheFaith
    replied
    Put all the information relevant to rent arrears first. Hopefully u get it on ground 8.

    If not then with grounds 10 and 11 the judge has to consider if it is reasonable to make a possession order. I think this is where the anti social behaviour and effect on yourself etc can be brought into it. My book says in considering reasonableness the judge should consider all the 'relevant circumstances'.
    ​​​​​​
    But if you want the court to make possession on ground 12 breach of the TA (nuisance clause), or ground 14 nuisance ground, then as in my post above you will need to get leave of court.

    Practice direction 55B at 6.4 says:

    "6.4 If the claimant wishes to rely on a history of arrears which is longer than two years, he should state this in his particulars and exhibit a full (or longer) schedule to a witness statement."

    http://www.justice.gov.uk/courts/pro...art55b#IDAK0M2

    Good the Solicitor reduced his fee!

    Leave a comment:


  • michael james
    replied
    Thank you Keep The Faith I have as far as trying to incorporate tenants anti-social behaviour was to mention it in PCOL About the Claimant:

    " Due to the tenant's recent anti-social behaviour I don't feel in all conscience that I can continue to rent to new tenants and my existing tenants will certainly leave if tenant remains,causing financial hardship." see witness statement appendix d

    I have been to a solicitor yesterday he initially in consultation quoted £200/hr but when I stopped him after an hour explain my financial situation he only charged me £60 what a star. Didn't really get to mental health issue apart from if he is sectioned again to go for abandonment (warned of difficulties around that) but helpful on procedure, though main experience around sec 21 this all might end up there on an accelerated process should sec 8 fail. Though I think by then my other 2 tenants will have left. He recommended making a witness statement from myself and appending all reports made to police emails texts from tenants and get statements from tenants and include breach of contract 3.12 " causing nuisance........".
    At the moment I will avoid any mental health issues keep my fingers crossed. Solicitor no experience on PCOL do you know if i can include over 2 years ( another 4 months ) into last section concerning Record of Rental Payments?

    Leave a comment:


  • KeepTheFaith
    replied
    Originally posted by KeepTheFaith View Post
    As far as I am aware you can't add another ground than what is already on the section 8 notice but I could be wrong.
    Ok I just came across the answer to this so just to clear up that question, you can add extra grounds with the leave of the court.

    Housing Act 1988 s8(2)

    (2)The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court.

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

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  • KeepTheFaith
    replied
    As far as I am aware you can't add another ground than what is already on the section 8 notice but I could be wrong.

    I have had a look my housing law book, i don't have any experience of this but my reading of it as applied to your situation is as follows:
    ​​​​​
    Your discovery about him being sectioned and thus presumably continuing mental health problems may put a different spin on things if he raises an Equality Act 2010 discrimination defence to the eviction. If he says the eviction is related to his mental health problems. As the arrears began when he was sectioned in hospital that doesn't help you.

    If that happens you would have to show you didn't know about nor could reasonably be expected to know about his mental health problems. But you have just found out about it, though you didn't know when issuing the section 8.

    Else you need to show that the eviction is a 'proportionate means of achieving a legitimate aim'. So it is here that you would bring in the ASB and effect of this on your other tenants and yourself as landlord and also the effect of the rent arrears on yourself. Also showing that you have already tried giving him time to pay off the arrears.

    Additionally there may be argument on part of the tenants side that possession under grounds 10 and 11 would not be reasonable due to his mental health. Thus you would need to argue the reasons for it being reasonable.

    It's potentially looking complex for someone doing it themselves rather than getting a Solicitor involved. Even if you can just get a half hour fixed fee advice (or some give a half hour free).

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  • michael james
    replied
    Wording exactly as it is on section 8 is as follows: Ground8:b) if rent is payable monthly, at least two months rent is unpaid. Ground 10: Some rent is due lawfully from the tenant - see attached schedule marked ‘appendix 1’.Ground 11: tenant has persistently delayed paying rent lawfully due – see attached schedule marked ‘appendix 1’

    Leave a comment:


  • michael james
    replied
    This claim relies on schedule 2, part 1 ground 8 (b) and on schedule 2 part 2 grounds 10, 11 of the housing Act 1988 (as amended).

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  • KeepTheFaith
    replied
    What grounds have u put on the section 8?

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  • michael james
    replied
    On a similar tack in the REASON FOR RECOVERY can I make mention of the anti-social behaviour in relation to ground 14 and a clause in my contract about nuisance etc. All this ASB has only happened after section 8 notice has been served?including evidence in my pack.

    Leave a comment:

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