Can I ask for a doctors note

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    #46
    Well then you can either:

    - wait and see if he actually moves into the room because he may not do so anyway, then call the police to remove him from the room if he does else,

    - call the police and ask them to attend to prevent a breach of the peace whilst you change the lock on the room. Quote section 144 to them if necessary. This way he won't cause trouble while you are there or make something up that you harassed him or said or did this and that while you were there.

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      #47
      Originally posted by jpkeates View Post
      You can trespass in part of a building.
      I know you can. I suggested trespass in an earlier post. I was responding specifically to the suggestion that it may be criminal trespass under LASPO. That particular offence requires "the person is in a residential building as a trespasser having entered it as a trespasser".

      From my reading and interpretation of it, we are talking about someone who would be trespassing in that room, but didn't enter the residential building as a trespasser.
      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.

      Comment


        #48
        Originally posted by michael james View Post
        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.
        Evicting him from the other room if he moves in there without permission is seperate to evicting him from his present room where he has a tenancy.
        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.

        Comment


          #49
          "Section 144 LASPO

          Offence of squatting in a residential building

          (1)A person commits an offence if—

          (a)the person is in a residential building as a trespasser having entered it as a trespasser,

          (3)For the purposes of this section—
          (a)“building” includes any structure or part of a structure"

          http://www.legislation.gov.uk/ukpga/...on/144/enacted

          Arguably therefore if he moves into the vacant room he is entering a 'part of a structure' as a trespasser.

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            #50
            I did read that. There's no question he would be inside a residential building. You are suggesting that you can separate the building into multiple buildings for the purpose of that section. I don't think one can.
            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.

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              #51
              That you for all your posts. I will contact the police again on 101 and see what they are prepared to do in relation to me changing the locks and also in the event of tenant moving into that room.

              Comment


                #52
                Hello all, I have phoned the police regarding the room but they are saying it is a civil matter if the tenant occupies the room. They said I could change the locks but they just advised both me and my tenants to phone them if there are any more incidents. My tenants are not going to do this again as they feel threatened by the other tenant. They have however logged additional information online under the incident reference I was given, which has the bonus of them being able to send a copy of the report to me, which is headed with the police logo.
                One of the tenants has just told me that the reason why the first tenant went into hospital for 3 months a couple of years ago was not due to a nose operation (which I obviously thought was suspect already, and is what I started this whole thread with) but was because he was sectioned after being arrested following a breach of the conditions of a restraining order a woman had in place against him.
                I informed the police of this and they tried to search for this on their records but told me this could only be done locally as those records don't link up nationally, and the tenant who informed me of this does not know where the arrest took place.
                I also received a text from the same tenant last night at 10.30 pm saying the problem tenant was in the garden throwing furniture against a wall. I phoned the police, they called out to the property, and spoke to the tenant who advised this was happening and then went again. I am unsure if they witnessed the behaviour or not.
                I have talked with a friend who heads up mental health teams for a different county and she advised me to phone the mental health team for my area and demand a 'Crisis Assessment'. I am concerned that if I do this and he is sectioned again that it would interfere with my process to have him evicted if he is in hospital for some time?

                Comment


                  #53
                  Hello all getting evidence ready for possession texts,emails,copies of reports made to the police. The 2 tenants sharing with tenant exhibiting anti-social behaviour and in arrears have agreed to provide statements regarding this and how they feel threatened by him, how they can't continue to live with him, etc. for me to send to the courts. Is there any particular format this should take? May be a form that already exists in your documents section?

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                    #54
                    Another question payment history/arrears is over more than 2 years. With the PCOL there appears to ask for a period of two years immediately preceding the date of issue of my section 8. I need to show about 4 months prior to this how do I do this.

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                      #55
                      Can someone confirm that as I suspect there is no facility online to acknowledge anti-social behaviour with PCOL?I thought I might bring it up under ABOUT THE CLAIMANT:
                      I have been using limited savings to pay the mortgage, boiler cover, buildings insurance, council tax and general up keep of the property. I now find myself in a position where I am having to consider selling the property to avoid getting into mortgage arrears. Due to the tenant's recent antisocial behaviour I do not feel in all conscience that I can continue to rent to new tenants and my existing tenants will certainly leave if he remains causing me financial hardship.

                      What do you think? and with this provide evidence in my pack e.g. statements from tenants and copies of reports made to police.

                      Comment


                        #56
                        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.

                        Comment


                          #57
                          What grounds have u put on the section 8?

                          Comment


                            #58
                            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).

                            Comment


                              #59
                              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’

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                                #60
                                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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