Prohibition Notice

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

    Prohibition Notice

    Hi, my tenant has completely wrecked my property causing upward of £10,000 in damage and to the point the local authority have put a prohibition order on the property and they are seeking to re house the tenant.

    The order gives the tenant until June 14th to vacate.

    The tenant also owes thousands in rent arrears, of which I’m in acceptance that I will probably never see repaid.

    I dont think a prohibition notice brings the tenency to an end even though it looks like the tenent will be moving out

    Which route should I take to bring the tenancy to an end. Abandonment notice, section 8 or section 21?. Thanks

    #2
    Section 21 will probably do, won't it, if prohibition is more than 3 months say?

    Sorry to hear your news. Shocking that your tenant will get somewhere else to wreck.

    Comment


      #3
      There is no such (real) thing as an abandonment notice.
      Your best route is either a s21 notice or to somehow persuade the tenant to surrender the tenancy (which is probably futile).

      When they leave, you can simply retake possession, but there is a risk that the tenant will try and abuse the situation further.

      The prohibition order doesn't end the tenancy and the rights of the council to fine you for a breach are greater than your rights as a landlord to enforce the order.
      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


        #4
        Originally posted by AndrewJ361 View Post
        The tenant also owes thousands in rent arrears, of which I’m in acceptance that I will probably never see repaid.
        With the thousands owed presumably there are several s8's already issued you could start court action with today. If not issue s8 with all relevant grounds (8, 10, 11?) today


        S21 is, however, safer from delay or defence.

        Sincerely hope you've informed council of the significant arrears and expensive damage - someone as you describe shouldn't be being rehoused at taxpayers expense.

        A prohibition notice under what act, requiring the landlord to do what, please?
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by JK0 View Post
          Section 21 will probably do, won't it, if prohibition is more than 3 months say?

          Sorry to hear your news. Shocking that your tenant will get somewhere else to wreck.
          I think you're right, thanks for the time taken

          Comment


            #6
            jpkeates,

            Many thanks, I did think as much but its always nice to be reassured

            Comment


              #7
              theartfullodger,

              Many thanks. I agree the S21 is my best route, if only to make sure nothing comes back and bites me on the ar**. I could see her move out whilst I repair the damage only to see her "reclaim the property" afterwards.

              I agree, its a shocking state of affairs when everyone reading this will be paying to rehouse her.

              I'm expecting the notice tomorrow and will post the wording when I receive it. If possible I'll post a video of the property when i get possession. Thanks for the advice.

              Comment


                #8
                Good luck: That of course assumes s21 is valid & many ain't! Make sure yours is & all pre-reqs are sorted!
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Don't forget to inform the housing department, job centre, and any other council departments once you have served the S21, that you are evicting the tenants because they have not paid the rent for X months, caused £ 10,000 worth of damage, and are making themselves homeless through their own actions.
                  That way they may not be offered council accommodation if they made themselves homeless.

                  Comment

                  Latest Activity

                  Collapse

                  • Reply to at what stage does tenant pay deposit and advance rent
                    by v2kisad
                    KTC Thank you for replying. Apologies I should have mentioned,the agent says the money is in their account and will be transferred in 24 hrs once I have handed over the keys.I wasn't sure about the usual practice, does agent pay landlord before tenants move in or after....
                    28-09-2020, 15:33 PM
                  • at what stage does tenant pay deposit and advance rent
                    by v2kisad
                    Hello All,

                    Hope everyone is safe and well. I'm a new landlord and am letting out my flat through an estate agent. Both tenant and I have signed the contract. The contract was signed 10 days ago and tenants were supposed to move in 2-3 days but then agent told me the tenant will move in...
                    28-09-2020, 14:33 PM
                  • Reply to Communal lighting issue
                    by AndrewDod
                    A 5 watt Led Bulb (more than enough to light a hall) left on 24/7 365 days a year will use 43.8kwh/year at less than £10.

                    Suggest you spin one off your flat, share the £10 with the other flat, and tell them to get lost. They can remove the meter if they like - it's not yours. And shift...
                    28-09-2020, 15:09 PM
                  • Communal lighting issue
                    by Shalanne
                    Hi all,

                    I own and rent out the ground floor flat of a building that has one other flat upstairs.

                    It has come to light, that the original owner of the upstairs flat had installed a third "landlord's" meter to provide light for the single light in the hallway downstairs....
                    28-09-2020, 12:50 PM
                  • Reply to at what stage does tenant pay deposit and advance rent
                    by KTC
                    Err, rent clear before keys and possession. At the very least, money cleared on the agent's account if you trust agent not to go bankrupt and fold in the mean time. If the agent want you to give possession before money, ask the agent whether they are legally guaranteeing the rent payment (i.e. they'll...
                    28-09-2020, 15:02 PM
                  • Reply to Communal lighting issue
                    by jpucng62
                    Utility companies are not allowed to cut people off in case it causes undue hardship.

                    When a tenant moves into a property that become liable for the usage on a deemed contract even if they don’t open an account. I would suggest that the occupants are liable for the usage.

                    ...
                    28-09-2020, 14:14 PM
                  • Reply to Communal lighting issue
                    by jpkeates
                    I don't really understand how that works.
                    Are you and the "other landlord" landlord leaseholders and, together, the freeholder?
                    Why is the "other landlord" not the owner of upstairs and you the owner of downstairs?

                    Who is responsible for the bill would be...
                    28-09-2020, 14:05 PM
                  • Reply to Communal lighting issue
                    by Shalanne
                    Some are suggesting that because myself and the other owner are now the landlord's, we inherit that meter even though when we bought our properties we were never made aware of it or, in my case, consulted before it was installed. I don't understand why they didn't just stop supplying power after 3 months...
                    28-09-2020, 13:44 PM
                  • Reply to Communal lighting issue
                    by flyingfreehold
                    you aren't liable. For the sake of one bulb just spur off your flat with a maintained bulkhead, more cost effective than a landlords account. A manintained common parts light is one with a rechargeable battery which will come on in a power failure. If however you let your flat to a council or housing...
                    28-09-2020, 13:44 PM
                  • Reply to Communal lighting issue
                    by Shalanne
                    Well Scottish Power is saying someone has to pay and they suggesting that's the current landlords which is me and the other flat owner. They absolutely won't make any changes like removing it, switching supply off or anything because our names weren't on the original account before it was closed. It...
                    28-09-2020, 13:43 PM
                  Working...
                  X