Can I ask for a doctors note

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  • michael james
    replied
    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.'




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  • KTC
    replied
    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.

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  • michael james
    replied
    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.

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  • michael james
    replied
    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.

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  • KeepTheFaith
    replied
    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


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  • DPT57
    replied
    Other tenant needs to call the Police. They will get a lot further than if you call them

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  • michael james
    replied
    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?

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  • DPT57
    replied
    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.

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  • michael james
    replied
    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?

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  • michael james
    replied
    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?

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  • KeepTheFaith
    replied
    Originally posted by Berlingogirl View Post
    My local council won't house anyone who is making themselves intentionally homeless. So you could suggest that he might be deliberately making himself homeless to get a 'council' house.
    A council can now discharge its duty under homelessness legislation with an offer of a 12 months tenancy from a private landlord.

    (A council can discharge its duty by) "The offer of a suitable tenancy for at least 12 months from a private landlord made by arrangement with the local authority."

    https://www.gov.uk/guidance/homeless...ss-legislation

    So this whole 'trying to get a council house by becoming homeless idea' is no longer tenable.

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  • theartfullodger
    replied
    Copy s8s (all of them, they must run into 10's of s8s by now) to council housing dept and explain, verbally, to tenant what "intentionally homeless" means.

    And evict, promptly, s21. No reference or a full, honest one. And pursue for any outstanding arrears & ensure CCJ so tenant's life more tricky and any landlord with the sense to credit check gets warned.

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  • michael james
    replied
    Thank you jpkeates. The only reason I was thinking of informing them was that he is a slippery customer and I wouldn't be surprised if he attempts to get money off them for, e.g., early bill payments, which he then intends to keep. They may be more wary if they knew the situation.
    I have reason to believe he has been deceitful about bills in the past and has also lied about expenses to me. However I do not want to be in breach of any laws.

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  • jpkeates
    replied
    Originally posted by michael james View Post
    I was going to inform the other tenants of my plans to evict him because he is in arrears, just to keep them informed. However it has occurred to me that this could be confidential or in breach of data protection in some way?
    It's not good manners, even if it's not illegal.
    Tell them about the arrears afterwards.

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  • michael james
    replied
    Thanks for all the responses.
    I have decided I will proceed with the section 8 rather than section 21 - although I will issue the notice for this as a fail safe. I will also visit the property tomorrow to assess its state and check there is no disrepair.
    As the tenant is in a shared property, I was going to inform the other tenants of my plans to evict him because he is in arrears, just to keep them informed. However it has occurred to me that this could be confidential or in breach of data protection in some way?

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