Problem Tenants

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    #76
    Originally posted by Surrey View Post
    In brief, yes. Tenancy is (I'm assuming) joint and several, so the actions of one tenant = actions of all tenants. Might be worth getting tenant to sign a "I'm handing the property back to you" kind of note. See what Jeffrey says but I'd be happy taking back the property under those circumstances.
    Yes- Surrey's comment seems justifiable, and the note should give L protection against T2 who complains that L has acted on effective surrender from T1 only.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #77
      Is this the most popular thread currently running? 77 replies, 2009 views!
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #78
        Hi,Glad this thread is of interest and I hope it helps anyone out there with similar problems.
        I'm still a little puzzled.
        The court order will have the date 21/11/07 on it and after this date I can take possession provided the tenant has left.If not I need to get a baillff.

        If I were to go over to the property let's say tomorrow.The tenant still residing at the house was out.I meet up with the tenant who has already vacated and he sign's my paperwork thus ending the tenancy.Can I take possession and change the locks?

        If I can do that.Why did I need a court order?

        I need a bit of clarity on my position as I want to be sure before I start something that I may later regret.

        The tenant remaining has now lost her phone and I have no contact at all.
        Mrs Dingle

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          #79
          Hello,I am at despair.Tenant that has left has informed me of broken glass to windows and door.I have informed police tonight of this.Awaiting their response.I have been made aware of the remaining tenant receiving a lot of parcels.The tenant that is not in residence due to police restrictions slept there last night?Spoke to the bailiff and he said if I put forward the warrant with urgent request it could be done in 2 days.He added that the normal is 3 weeks due to notices have to be given to the tenant.I would still like to know even though I have a court order gaining possession on 21/11/07.If one of the tenants sign off my paperwork and handover key.Can I take possession and change the lock?Tomorrow!
          Mrs Dingle

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            #80
            Bailiffs have to give a weeks notice, or thats what they told me anyway, doubt they can do it in 2 days.

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              #81
              I spoke to the actual bailiff who would be in charge of my case and he told me that it could be done in as little as 2 days if the warrant was marked with urgency by the court.

              What is worrying me is that I now have a smashed door and window.I have a tenant not currently paying rent,threatening to put petrol through neighbour's letter boxes and light it,threatening to smash up neighbours garden's,threatening to smash all the window's and set fire to the house itself and more.......

              If I were to behave in this way I doubt if I would be sitting here typing.I would be locked up!

              I have to go over to the house today to attempt to collect some rent and to repair damage to the house from a previous incident(Damaged inner door).

              I suspect that the tenant still "residing" at the house is not sleeping there although claiming benefit for it but is using the house to order good's.She appear's during the day to collect parcel deliveries.
              The house has very little left in it.
              Mrs Dingle

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                #82
                Criminal damage is a prosecutable offence: see Criminal Damage Act 1971.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #83
                  If you went to the house and it was signed off and the tenant was not there and the house was clear except for rubbish, you would probably be within your legal rights to change the locks.

                  I would wait an extra day for the bailiff for peace of mind as your tenant is a nut case.

                  Also get police involved if there are any more threats and to keep an eye on your property once the locks are changed.
                  All posts in good faith, but do not rely on them

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                    #84
                    Hi,I have read the criminal act over and over again and I cannot understand why a previous threat from my tenant to put petrol through door's and light it has not resulted in a prosecution.

                    I have been contacted by a p.c today r.e. the broken window and door and he confirmed that they were broken but nobody would come to the door.So it has been logged as criminal damage but we don't know who did it.So can't go anywhere with that one.He told me that somebody from the police would be returning to the property to issue some paperwork to her r.e. anti-social behaviour.I get the impression that she has wasted so much police time that they don't take her seriously and spend as little time as possible with any complaint's.



                    I have spoken to the gentleman who no longer resides and he told me she had ripped up in front of him a letter from me outlining rent overdue plus £150 court cost (£525 altogether)

                    She has told him that she has been advised by a solicitor to stay put and wait for the bailiff.She believe's that this will be at least a month after the date of the court order(21/11/07).Would a solicitor advise this?To stay put in a house which is running up a bill of £125 per week.In the knowledge that a court order was in place and was given in respect of ground 14.

                    When should I put in a claim for unpaid rent? I was considering putting in a small claim when I have a date from the bailiff.
                    Mrs Dingle

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                      #85
                      Hi, I forgot to say.Iv'e been told that there is a bed,wardrobe,cooker and washing machine in the house.So the basic's needed are there.So not actually empty.
                      Mrs Dingle

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