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minkytn24
10-09-2009, 11:55 AM
Tenant has been arrested and in remand informed by police.
Rent due has not been recieved.
Any ideas as to what we should do? Do we appoint solicitors who specialise in this. And do they have somewhat fixed price?

So many questions in mind .. all help greatfully recieved.

thanks
minky

Mrs Jones
10-09-2009, 12:05 PM
I believe you have to go through all the normal processes. You cannot assume that tenant is not returning.

Check out this thread:

http://www.landlordzone.co.uk/forums/showthread.php?t=13863

A woman was successfully prosecuted for illegal eviction by a tenant in prison because she just assumed he would not be back, and relet!

jeffrey
10-09-2009, 12:12 PM
Tenant has been arrested and in remand informed by police.
Look at ground 14, one of the discretionary grounds for possession, in Schedule 2 to the Act. It reads as follows:

The tenant or a person residing in or visiting the dwelling-house:
(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or
(b) has been convicted of:
(i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
(ii) an indictable offence committed in, or in the locality of, the dwelling-house.

Dowsabella
10-09-2009, 12:13 PM
I know of a chap who was imprisoned for a few months. He told the landlord, and agreed to continue paying rent via cheque. The landlord issued a S21 to him in prison get the property back 3 days after the chap was released. Instead, he changed the locks and dumped the belongings outside in the rain the day of his release. Legal advice is being sought in order to get back the cost of the ruined belongings. The tennant had wanted to continue living there on his release, but is now completely homeless.

Assume nothing until you've heard from the T. At least you should know his current address!

Mrs Jones
10-09-2009, 12:19 PM
I know of a chap who was imprisoned for a few months. He told the landlord, and agreed to continue paying rent via cheque. The landlord issued a S21 to him in prison get the property back 3 days after the chap was released. Instead, he changed the locks and dumped the belongings outside in the rain the day of his release. Legal advice is being sought in order to get back the cost of the ruined belongings. The tennant had wanted to continue living there on his release, but is now completely homeless.

Assume nothing until you've heard from the T. At least you should know his current address!

Whilst I have some sympathy with LLs in this situation, and without any further information, I do think this action was out of order since tenant had continued to pay rent whilst in prison. In this particular case I am inclined to hope the tenant wins some recompense.

minkytn24
10-09-2009, 12:41 PM
Thanks for all the information.

His current address is holloway prison.

rent is overdue now and have not heard from T yet.

police have given us his solicitors name.

Would it be ok to get a voluntary end to short hold tenancy agreement that we have with him or appoint our own solicitor.

do we go sec 8 route and serve the notice to his solicitor or to him in prison.

thanks
min

Mrs Jones
10-09-2009, 13:08 PM
His current address is holloway prison.


Last I heard, Holloway was a women's prison???

minkytn24
10-09-2009, 13:17 PM
Sorry i was quoting OH who spoke to the Police but could not remember the name. But agreed with me when i said Holloway.;)

jeffrey
10-09-2009, 14:21 PM
It could be a 'he'- er- changing sides during transfer window.

minkytn24
10-09-2009, 15:52 PM
I do agree that the T should not be harrased unnecessary. He has been in the apt for more than a year. Has fallen behind with rent a few times but has paid up with a lot of prompting.

Had no intention of making him homeless butthe advice from the police "he is going to be in for a long time". Hence we are looking at this option.

The reason for arrest is fairly serious and violent too. It has been reported by press as well.

any other advice? Have not yet managed to speak to a solicitor yet. They were busy.

Thanks for helping in advance.

thanks
minky

jeffrey
10-09-2009, 16:04 PM
It could be a 'he'- er- changing sides during transfer window.
See http://www.guardian.co.uk/society/2009/sep/04/transexual-prisoner-moved-womens-prison

jta
10-09-2009, 16:18 PM
At the moment, if he's on remand, he's not been found guilty of anything. You are going to have to wait until he is before you can follow Jeffrey's suggestion of S8, g14. by that time you will probably also be able to use g's 8, 10 and 11 as well. ground 8 is mandatory, you will be able to serve the S8 as soon as there are two months owing (one month missed, next month not paid on due day)

jeffrey
10-09-2009, 16:32 PM
Note one advantage of using g14 (whether on its own or with other grounds). There is no waiting period at all: not two months, not two weeks- nada!
L can therefore serve a s.8 Notice which relies on g14 (+ others, if appropriate) and immediately institute possession proceedings.

mind the gap
10-09-2009, 16:39 PM
But how likely is a judge to award possession if the alleged offence, even if T were convicted of it, was not committed in the property or its vicinity?

jeffrey
10-09-2009, 16:42 PM
Not very, unless it's relevant (e.g. T lives next to school but is convicted of child molestation elsewhere).

Rodent1
10-09-2009, 23:35 PM
Blah blah blah !!!

Is T prepared to surrender property ...'cos this would be a far easier route !

minkytn24
11-09-2009, 09:22 AM
Hi

Sorry have still more questions. All help is really appreciated.

@Jeffery thanks for pointing out s8 g14?
The offence was not commited around tha flat and if what is mentioned is true that Judge will not give possession back to us because of that is worrying.

I agree that he has not been convicted as yet will be in court in 2 weeks time. Meanwhile his address is Belmarsh Prison. The police are asking us to serve notice to his solicitor is that ok to do.

We had served notice with land lord actions 2 months ago and he paid up and agreed to stay till Jan 09.

Should we use land lord actions again or use solicitors?

Thanks
min

silvercar
11-09-2009, 09:37 AM
Until he is convicted there is always the possibility that he will return home and be a good tenant.

How do you do a checkout inspection with a tenant held in prison?