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michaelr
06-02-2010, 08:33 AM
Hi all, i need some advice. can someone please help?
i am renting to DSS, have been for many years without any real problems until this one.
she texted me three weeks ago stating she ahs been burgled , i stated i would fit an alarm.i arranged someone to fit it and tried to make an appiontment.
i tried many times to contact her, left messages and eventually texted her to say i am going to view the property.
After talking to neighbours, it turns out her boyfriend has been arrested for burgling his own home!

She has wrecked the house. Is not living there, has not been there for 4 weeks, minimum. I Photographed the mess and texted her to tell her I am changing the locks and getting a skip to remove the mess.
She texted back (first reply to 10 calls) stating I cannot enter the property or change the locks.
I have now issued a section 8 notice. Grounds - rent arrears (9 weeks) and wrecking property.

My question is I intend to change the locks and fix a notice to the door stating my contact details should anyone need to gain entry.
After two weeks I intend to remove the belongings and re-let.

Is this legal??

mind the gap
06-02-2010, 09:30 AM
Hi all, i need some advice. can someone please help?
i am renting to DSS, have been for many years without any real problems until this one.
she texted me three weeks ago stating she ahs been burgled , i stated i would fit an alarm.i arranged someone to fit it and tried to make an appiontment.
i tried many times to contact her, left messages and eventually texted her to say i am going to view the property.
After talking to neighbours, it turns out her boyfriend has been arrested for burgling his own home!

She has wrecked the house. Is not living there, has not been there for 4 weeks, minimum. I Photographed the mess and texted her to tell her I am changing the locks and getting a skip to remove the mess.
She texted back (first reply to 10 calls) stating I cannot enter the property or change the locks.
I have now issued a section 8 notice. Grounds - rent arrears (9 weeks) and wrecking property.

My question is I intend to change the locks and fix a notice to the door stating my contact details should anyone need to gain entry.
After two weeks I intend to remove the belongings and re-let.

Is this legal??
Wrong forum (Res Lettings is best) but no, it is not. You can neither gain access, nor change the locks without her permission or until the tenancy is legally ended by a court order for possession. You will be granted this assuming your section 8 notice is correctly served and she still owes at least two months' rent at the time of the hearing.

If you try to regain possession (or even regain access) without her permission before then, she could claim illegal eviction. The fact that she appears to have left might count in your favour, but on the other hand, her stuff is still in there so she would have a case for saying she had only vacated temporarily and that she intended to return.

It is not worth the grief.

michaelr
06-02-2010, 10:53 AM
thanks for your help, spose i'll stick it out, take her to court or hope she moves out on her own accord.
if she does move all her belongings out, am i then legally OK to re-let?

mind the gap
06-02-2010, 11:40 AM
thanks for your help, spose i'll stick it out, take her to court or hope she moves out on her own accord.
if she does move all her belongings out, am i then legally OK to re-let?

Probably but not definitely, so I'd play safe if I were you. The fact that she knows her rights and told you what they were (she was right) suggests it would be safer to do everything by the book even if it means waiting a little longer. You might find this thread interesting (#9 onwards especially):
http://www.landlordzone.co.uk/forums/showthread.php?t=24640&page=3

Good luck - I bet you will be glad to get your property back after those two have finally bitten the dust.