Tenant in arrears left- but has broken back into house

[mikelidbury]

Please help

I had some problem tenants who did not pay rent for 8 out of the 12 month of their agreement. Contact being assured short hold tenancy agreement

I tried to evict them by the correct procedures but used the wrong notice form. I have since sent the correct one in and have a hearing date of 16th May 2008.

The tenant’s agreement came to an end on the 2/3/08; I had been trying to gain access to the property for a couple months to make sure it was ok. The tenants had changed the locks and my keys did not work. I had left notes through the door etc requesting access but to no avail

On the 5th March 2008 I went to the property and the neighbour said they had not seen the tenants for 2 months and he thought they had moved out.
I then changed the locks; upon entry to the flat the tenant had left lots of junk in the flat and some furniture. I then intended to put the tenant’s property in the loft and re let the property.

Last Saturday I got a call from the neighbour saying the tenant had broken in to the property and have changed the locks them self’s again.

Where do I stand can I ring the police and say they have broken and entered
Can I claim my flat back again and change the locks again?

The tenant had been claiming housing benefit and not paying me I also informed the council of this.

Please help me

Mike

[johnboy]

well at least write to the council tell them you are the landlord and request all council payment to be made directly to yourself which is your right if the tenant is 1 month and 1 day in arrears.:cool:

[Beeber]

http://www.landlordzone.co.uk/legal/abandonment.htm

[P.Pilcher]

Oh dear: Your tenant is clearly entitled to legal aid and may use this to bring a prosecution against you for attempting to illegally evict him. Large fine, compensation, costs and possible prison sentence I'm afraid. Wait for your second Section 21 application to complete its process and then evict the tenant legally using a court bailiff.
Tenants of this nature often use this trick to lull inexperienced landlords into regaining their property and then doing precicely what these tenants have done to extract compensation.

Sorry to be the bearer of bad news.

P.P.

[mikelidbury]

What there is actualy a chance they could send me to prision?

[Beeber]

Out of curiosity I googled this, though the tenant was actually harassed as well as illegally evicted

"A private landlord who was found guilty of illegally evicting and harassing his tenant has been sentenced to 9 months in prison and ordered to pay £1,000 compensation to the tenant, at Birmingham Magistrates Court today."

http://www.birmingham.gov.uk/GenerateContent?CONTENT_ITEM_ID=75902&CONTENT_ITEM_TYPE=9&MENU_ID=276

Apparently, if a landlord is convicted of harassment or illegal eviction, the maximum penalty in a Magistrates Court is six months in prison and/or a fine of not more than £5,000. In the Crown Court it is two years’ imprisonment and/or an unlimited fine.

[mikelidbury]

Thanks for really worring me, in the case you mention
see extract
"
The tenant moved into the flat in City Road on 1 February 2004. At the end of June 2004 Chouhan began asking the tenant to pay her rent early before the rent due date. When she refused Chouhan began making threats against her, falsely accused her of damaging the flat and began calling at the flat unannounced."

I have not been this unreasonable and my tennant who has not paid for 8 months I am still persewing the eviction along the correct chanels i think. Hopefully i wont go to prision

Where would a landlond stand haveing given notice that at 2months proir to the end of the tennancy agreement that he wanted the tennants to move out? and they dont? any comments please

mike

[P.Pilcher]

Well - you haven't been acting as unreasonably as has the defendant in the Birmingham case - you acted through lack of knowledge of the law which is biased heavily in favour of the tenant. Unscrupulous tenants (like yours) can take advantage of this. Regrettably, if a prosecution is launched, you will need to engage some good legal professionals to defend you. Your tenant can get the whole thing on legal aid. Even if the court extracts a nominal penalty, your "fine" will be the cost of your lawyer(s). As a judge once said: "Ignorance of the law is no excuse."

P.P.