LandlordZONE

20

Aug, 2014

Wednesday

Page 1 of 2 12 LastLast
Results 1 to 10 of 18
  1. #1

    Default Tenant arrested.

    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

  2. #2
    Join Date
    Jan 2008
    Posts
    738

    Default

    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...ad.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!
    Mrs Jones
    I am not an expert - my posts are my opinion and should not be taken as fact!!

  3. #3
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    Quote Originally Posted by minkytn24 View Post
    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.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  4. #4

    Default

    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!

  5. #5
    Join Date
    Jan 2008
    Posts
    738

    Default

    Quote Originally Posted by Dowsabella View Post
    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.
    Mrs Jones
    I am not an expert - my posts are my opinion and should not be taken as fact!!

  6. #6

    Default

    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

  7. #7
    Join Date
    Jan 2008
    Posts
    738

    Default

    Quote Originally Posted by minkytn24 View Post
    His current address is holloway prison.
    Last I heard, Holloway was a women's prison???
    Mrs Jones
    I am not an expert - my posts are my opinion and should not be taken as fact!!

  8. #8

    Default

    Sorry i was quoting OH who spoke to the Police but could not remember the name. But agreed with me when i said Holloway.

  9. #9
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    It could be a 'he'- er- changing sides during transfer window.

  10. #10

    Default

    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

Similar Threads

  1. Tenant arrested/jailed- effect on Tenancy Agreement
    By alywin in forum Residential Letting Questions
    Replies: 126
    Last Post: 23-09-2010, 21:37 PM
  2. Can't L evict bad tenant? Why months of waiting?
    By riz in forum Residential Letting Questions
    Replies: 14
    Last Post: 20-02-2010, 08:19 AM
  3. can tenant give keys away to third party?
    By Bykergyal in forum Residential Letting Questions
    Replies: 5
    Last Post: 14-06-2009, 19:13 PM
  4. Tenant in arrears with rent- what Notices can I serve?
    By MR M in forum Residential Letting Questions
    Replies: 25
    Last Post: 27-03-2008, 10:07 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •