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bulldogfogg
13-05-2007, 12:21 PM
I have a tennant who is sitting after refusing a Sect.21 notice. I have applied for a notice of possession through the county court and she has until 19 May to submit a defence. My agent and myself have made countless attempts to contact her to no avail. Im afraid that she might continue to sit and ignore my demands for payment/possession. Can i make a "peaceable entry" to the property on the grounds that i believe she may have left. Some belongings are still in the house but noone has seen her for some time. My family have nowhere to live asof 23rd May and i desperately need my house back. Any advice gratefully received.

Editor
13-05-2007, 16:46 PM
You are on very dodgy ground taking possession without a court order, regardless of whether your tenant is in residence of not - it could all back-fire on you drastically.
In any case you are obliged to take care of any possessions.
My approach would be to involved the local authority housing people. If she really has disappeared only retake possession with the full knowledge and approval of the housing people.

Bel
14-05-2007, 13:55 PM
http://www.landlordzone.co.uk/legal/abandonment.htm

bulldogfogg
14-05-2007, 19:44 PM
Appreciate the replies, it seems to me that the law is heavily weighted against the landlord !! It seems ludicrous that all the evidence suggests that the tenant has gone and i cannot take possession of my own property. My next step is to contact the housing association and inform them that asof 23 May my family are homeless. Cheers.

Bel
14-05-2007, 23:47 PM
You are entitled to enter the premesis without consent to check out the place 'in an emergency' eg gas leak. Some LL's might make such an excuse to see if the tenant has abandoned the property.

But your best bet is to get some verbal/written communication from the tenant saying that she has surrendered the tenancy; or she may have left the keys in the house which would indicate surrender.

If you are desparate; why not get someone to trace her wherabouts so that you can get a definate answer that she has moved out. I take it that you have written to her? There may be a mail redirect.How about sending a letter c/o her bank.

Talk to Shelter about your own problem of accomodation.

Best of luck.

PaulF
16-05-2007, 08:35 AM
Bel: It's desperate & definite!

jeffrey
16-05-2007, 09:18 AM
Bel: It's desperate & definite!

Careful, or else Poppy35/Sharemaster 2 will be round to savage you on grounds of accuracy/pedantry [delete one]; I know- I was that man...

DianeB
16-05-2007, 09:47 AM
Appreciate the replies, it seems to me that the law is heavily weighted against the landlord !!

Did you see the news last night where it mentioned the paedophile living within school grounds who could not be evicted due to technicalities with the paperwork sent to court!!!

PS. Jeffrey, you obviously are a reformed man!

jeffrey
16-05-2007, 09:55 AM
Did you see the news last night where it mentioned the paedophile living within school grounds who could not be evicted due to technicalities with the paperwork sent to court!!!

PS. Jeffrey, you obviously are a reformed man!

Er, I wasn't THAT man. Anyway, pedantry isn't anything to do with children!
I remember the twerps in Southampton who torched the house of a paediatrician whilst under the impression that he/she was a paedophile.

DianeB
16-05-2007, 09:59 AM
LOL Nice one! http://www.clicksmilies.com/s1106/aktion/action-smiley-033.gif

I actually meant the word premesis (premises) !!!

jeffrey
16-05-2007, 10:02 AM
LOL Nice one! http://www.clicksmilies.com/s1106/aktion/action-smiley-033.gif

I actually meant the word premesis (premises) !!!

Tell Bel.
A good name for the follow-up to Kill Bill?

DianeB
16-05-2007, 12:52 PM
Tell Bel.
A good name for the follow-up to Kill Bill?

No way! I don't pick people up on their typos - people in greenhouses etc.

Kill Bill, Tell Bel. Hmm, maybe in Bulldogfogg's case it should be Keys Please!

bulldogfogg
19-05-2007, 09:01 AM
Having read your word gymnastics :) just thought id update you all... 14 day defence period has just lapsed, still no contact with the tennant. I have now asked for possession and costs, what is the usual timeframe without a defence being entered ?? What if i take possession with the court bailiffs and all her kit is still in there, can i retain it against outstanding arrears and court costs ??

Regards

Bel
19-05-2007, 15:12 PM
Time varies locally; phone your court for advice.

When you are given possession, you can enter (without bailiffs). If tenant or evidence of tenant still living in property you must leave and instruct bailiffs...takes a few weeks more. If there are only a few random items left then you could assume the tenant has gone.

Tenants goods: http://www.landlordzone.co.uk/uncollected_goods.htm

bulldogfogg
21-05-2007, 15:50 PM
It seems a defence was entered at the last minute. I can only assume that my tenant is playing me for time and taking the proverbial piss !! Judge has said that there has to be a hearing. Anyone give me any advice on what i need to do at the hearing ? :mad:

MDM
21-05-2007, 18:47 PM
I am very sorry for your trouble - it seems you have a real p**s taker of a tenant. I hope the local authorities have been more sympathetic about your housing situation than the tenants.

As I understand it the only defence that can be offered is that your tenant is claiming they would suffer exceptional hardship by having to move out within 14 days (hardship beyond what you would normally think of with a 14 day period to pack). In those circumstances they may claim for more time before possession is granted - which the court may give them. I would like to think that the hardship of your own circumstances might count for something with the court, but somehow I am not hopeful.

At the risk of extra expense, with a tenant who seems determined to play as silly buggers as possible, it might be time to take some professional legal advice.

Bel
21-05-2007, 20:37 PM
At the risk of extra expense, with a tenant who seems determined to play as silly buggers as possible, it might be time to take some professional legal advice.

I totally agree

bulldogfogg
03-06-2007, 15:23 PM
UPDATE - Judge granted me possession by 20th June and costs. What are my options now ? What if the tenant refuses to move on that date and she does not let bailiffs enter the premises ? If i think she has done a runner can i enter my property now that i have a possession order ? Or should i wait for the bailiffs ? Regards :confused:

MDM
03-06-2007, 16:38 PM
Unless she surrenders the tenancy - typically indicated by vacating the premsises with all her stuff and leaving the keys behind - only the baliffs can forcibly evict her. You can't instruct the baliffs until she fails to move out (on the 20th) and then they may take up to four weeks to be able to act.

You can still enter the property in an emergency - e.g. if you smell gas when you go visiting, or have reason to believe a tap may have been left running. However, being inside to attend to that matter wouldn't give you the right to do anything tempting (but silly) like throwing her stuff out and changing the locks if there was any evidence that she was still in residence.

Therefore your definite end date to this sorry saga is not necessarily the 20th June, but the 20th June + up to four weeks when you with locksmith in attendance (or possible B&Q lock changing kit) can watch the baliffs in action.

However, irritating though the delay is, I hope you are heartened that the legal wheels have been moving slowly but inexorably your way. I hope your own accomodation needs have been sorted - don't like to think of you and family on the street - and let us know how it all pans out.

MDM
03-11-2007, 16:48 PM
Anyone know what happened with this one ?! I'm curious.