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#1
12-09-2007, 01:11 AM
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Can I legally move into my property
My tenant has avoided being served with eviction notices at all costs. I've decided to move back to London (I've lived in America for 7 yrs) and take possession of my flat from the tenant. She owes 3 months rent and i've been trying to evict her since May 07 but we've been unable to serve her.
I believe the agent who I paid to serve her duped me and has not done anything. I feel it's time for me to now come back home so that I do not lose my flat as I haven't paid the mortgage in 3 months due to the tenant's default on her rent. Can I legally move back into my flat because I will not have anywhere to live when I move back to London? What steps do I need to take to do that? I don't want to come to London and be homeless when I have a home there being occupied by the tenant. Thank you. 
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#2
12-09-2007, 08:55 AM
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You are not living up to your name are you SAVVYrealtor!
you CANNOT move back in and if you have not paid your mortgage for 3 months you stand a high chance of losing it anyway! Proof of posting a notice is usually sufficient for it to be served. I would get that done ASAP and get to court as soon as you can.. BUT if you continue to not pay the mortgage in that time you will more than likely lose the property. To move back in would be illegal eviction and the tenant could sue you for alot of money!
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GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!! Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!
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#3
12-09-2007, 09:50 AM
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A current 1988 Act landlord who owner-occupied, at ANY previous time, can also use ground 1 in Schedule 2 to Housing Act 1988. Even if no pre-tenancy Notice was served on tenant, a Court has discretion to allow this [otherwise mandatory] ground for possession.
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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. For telephone advice, see To view links or images in signatures your post count must be 15 or greater. You currently have 0 posts. . 3. For paid advice in my specialism (Conveyancing Research), contact me* and become a private client. 4. *- Contact details: click on my name (blue-highlight link) or use Topic Expert page/ "Members" list.
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#4
12-09-2007, 10:20 AM
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You need to instruct someone (eg a good solicitor) to get the ball rolling NOW on your behalf. Dont waste any more time.
You cannot live in your flat until the tenant has been legally evicted. As Justaboutsane says, you do not need personal service. Post with proof of posting (send several copies to be sure) or recorded delivery. Even if the recorded delivery is not accepted by the tenant, it is deemed served; although it is nicer to know that the tenant has 'got the message'.
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#5
12-09-2007, 01:37 PM
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Firstly, "Justaboutsane", I'm very savvy and not a KNOW IT ALL which is why I ask questions so I can learn - just like you, also prone to PMT and MOOD Swings so if you dont' have constructive comments, then keep your opinion to yourself. I live in America and the Landlord Law here is different. After 3 days of non-payment of rent, we can go to court to file eviction. The whole process takes 6 weeks or less. However, with British Law it's obviously different... The bank has accepted that the property is still up for sale hence they're not taking adverse action at this time.
Jeffery, as always, I appreciate your comments which have been very helpful. As a solicitor, you know more than most of us. Now, I've been told that this tenant has to be served personally or a Process Server can live the Notices under her door and take pictures... i'm not a lawyer, I just follow their advice.
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#6
12-09-2007, 02:02 PM
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Quote:
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All posts in good faith, but do not rely on them * * * * * ** * * * * * * * * * * * * You can search the forums here: To view links or images in signatures your post count must be 15 or greater. You currently have 0 posts.
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#7
12-09-2007, 11:16 PM
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Quote:
Even from the States you can see the law as it is written, rather than having to take advice from a lawyer regarding service, because what you've been told is wrong. Bel and Justaboutsane are both correct on the service point. A document is deemed as served if it has been posted, but it is a rebuttable assumption. If you can show proof of postage then it is much more difficult to rebut. Take a look at the Civil Procedure Rules Part 6 for precise wording (http://www.justice.gov.uk/civil/procrules_fin/index.htm). Bookmark that link, it's very useful if you get conflicting advice about what is "the law".
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