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View Full Version : Fixed-term AST expired; s.21 served; can L force access?



neveragain
30-01-2009, 14:12 PM
Hello,

My tenant was given the Section 21 Notice to quit in September as his lease was due to finish in November. He now has no lease and is refusing to leave. I have started the Accelerated posession process.

However I am getting annoyed and want to be as awkward as I can.
I have notified him in writing that I will be at the house on Saturday to remove some items. Actually intend to remove 3 piece, all beds and fridge freezer.

Can anyone answer this for me please:

What happens if he refuses me entry.
What happens if he refuses entry to someone else that I want to enter the property with me.

Cheers in advance.

jta
30-01-2009, 14:29 PM
Presumably you let the place furnished.
What you are proposing is likely to get you into trouble. It's harassment, and could be classed as criminal behaviour.
It would be far better for you to pursue your claim for the property through the proper channels.

Imp
30-01-2009, 14:32 PM
Your proposed actions sound like illegal eviction and you could end up in prison.

You are taking the correct course without harassing the tenant, a tenancy can only end through surrender by the tenant or by a court order. The landlord cannot end a tenancy, so you will have to get the court order which you seem to be doing.

And as the tenancy does not end until the court order is issued, the tenancy continues and the tenant technically has done nothing very wrong.

neveragain
30-01-2009, 14:34 PM
Presumably you let the place furnished.
What you are proposing is likely to get you into trouble. It's harassment, and could be classed as criminal behaviour.
It would be far better for you to pursue your claim for the property through the proper channels.

We did let it furnished.
The thing is I have taken advice from a few people, including the letting agency and they say I am within my rights to remove my posessions.

neveragain
30-01-2009, 14:35 PM
Your proposed actions sound like illegal eviction and you could end up in prison.

You are taking the correct course without harassing the tenant, a tenancy can only end through surrender by the tenant or by a court order. The landlord cannot end a tenancy, so you will have to get the court order which you seem to be doing.

And as the tenancy does not end until the court order is issued, the tenancy continues and the tenant technically has done nothing very wrong.

The thing is I am not evicting him, I am removing my posessions.
BTW, he hasn't paid rent for over 4 months now.

Paul_f
30-01-2009, 14:37 PM
Read the following to possibly keep you solvent and out of court!
hello,

my tenant was given the section 21 notice to quit in september as his lease was due to finish in november. He now has no lease and is refusing to leave. I have started the accelerated posession process. your tenant still has a lease but now it's periodic, so you will have to apply to the court for a Possession Order; your S.21 Notice does not entitle you to enter or repossess.

however i am getting annoyed and want to be as awkward as i can.
I have notified him in writing that i will be at the house on saturday to remove some items. Actually intend to remove 3 piece, all beds and fridge freezer. JUST HOLD ON A MINUTE! If your tenant refuses you entry then walk away! I mean it, and if you're threatening in any way that is a breach of the Protection from Eviction Act 1977 which is a criminal offence. You can't remove furniture that was part of the letting.

can anyone answer this for me please:

What happens if he refuses me entry. go home
what happens if he refuses entry to someone else that i want to enter the property with me. both of you go home!

cheers in advance.

Imp
30-01-2009, 14:40 PM
The thing is I am not evicting him, I am removing my posessions.
BTW, he hasn't paid rent for over 4 months now.

I guess if your pockets are deep, and you have nothing to do for 6 months, it might be worth taking the risk that the tenant knows as little about tenancy laws as you do.

jta
30-01-2009, 14:40 PM
Can anyone answer this for me please:

What happens if he refuses me entry.
What happens if he refuses entry to someone else that I want to enter the property with me.

Cheers in advance.

And, he can refuse you entry, it might be your property, but it's his home.
If the someone else happens to be a heavyweight to back up your illegal actions, your feet would not touch ground before you were banged up. Seriously, don't do it!

Lawcruncher
30-01-2009, 14:41 PM
You say you want to remove your possessions. If we are talking about your vinyl collection in the loft that is one thing, but you seem to be talking about removing furniture used by the tenant. Sorry. Not on. Claim by tenant for compensation. Fine. Jail. All possible.

neveragain
30-01-2009, 14:43 PM
Read the following to possibly keep you solvent and out of court!

cheers for the advice.

jta
30-01-2009, 14:44 PM
You're welcome, thank you, come again. (Apu, my hero)

mind the gap
30-01-2009, 16:23 PM
Apu, as in The World of...?

jta
30-01-2009, 16:42 PM
Apu- Indian shopkeeper in the Kwickiemart in the Simpsons. The only character there with a business head on his shoulders. Mmmmh out of date do-nuts 'licious.

mind the gap
30-01-2009, 17:31 PM
Apu- Indian shopkeeper in the Kwickiemart in the Simpsons. The only character there with a business head on his shoulders. Mmmmh out of date do-nuts 'licious.

Of course. Tunnel thinking, sorry. I've been discussing Bollywood movies half the afternoon. Shall we start a Simpsons Appreciation thread, jta?