tenant problems

[fivenecks]

let my property through estate agent....now tenant causing problems

1. he has been a tenant for 2 years

2. i told the estate agent that i was not going to renew his tenancy be cause i am having major works done, they sent him a letter and a section 21....2 month notice which would bring him to the end of the contract.Just after the notice his benefits stopped and luckily already the notice was served.

3. he should have been out on the 4th nov....i did write to him about 2 weeks befoe telling him that i would be coming round on the 5th nov to inspect the property and also take measurements.....and would like him to be there. So I went round and he was not so i went in ,,and the place was a tip ...talk about tenants from hell.so i do not know if he has gone or is coming back ...he was not there all week previous , i tried calling and leaving texts....no joy. so now owes 2 months +

i have always been good to him ...if any repairs needed doing ,,they were done straight away...etc.....

so can i change the locks now or what would be my next stage..

any advice would help thanks in advance.


Roy

[MrShed]

You need to regain possession through the courts.

[blacksheep1979]

If the tennant has vacated the property then the landlord can change the locks. I would think it is reasonable to assume that the tennant has gone if he is not there for two or more weeks - especially on bennefits as its unlikely he has gone on a nice winter cruise.

Has he left any possesions or any other indication he is likely to be back?

[Nightmare4banks]

fivenecks in reply to your post and in my opinion,

1.As Mr.Shed mentioned you need to get your property back using the courts.

2.You should aim for an "Accelerated Possession Order" as this can be granted fairly quickly provided that the fixed term tenancy has expired and of course it is an Assured Shorthold Tenancy.In doing this you are not persuing rent arrears but to gain possession of your property.

3.It is also possible that your tenant has abandoned the property as blacksheep1979 has mentioned so you should double check about this rather than waste money on a possession order through the courts.Also beware that if you do change the locks and your tenant reappears you would have to let him have access otherwise he could get an injunction through the county court against you to compel you to let him gain entry and if you breached this injunction by refusing him entry would be classed as "contempt of court" and you could be arrested.

So,my advice is look before you leap!

[MrShed]

blacksheep is technically correct. However, it is very risky to "assume" that a tenant has left, as the penalties for unlawful eviction are very severe(it is a criminal charge and can lead to a custodial sentence). Only do this if you are absolutely 100% positive that the tenant will not return. Certainly, if there are any possessions left in the property whatsoever, I would follow the court procedure.

[fivenecks]

thanks everyone ...have got a solicitor on it ...going for possession order....

can i still claim monies owed etc....after i have got him out ...by small claims ?


thanks in advance

[bottomburp]

deleted

[MrShed]

Not true - you can sue in small claims for the rent with an AP.

[Nightmare4banks]

Hi all!

In my view,

1.An Accelerated Possession Order is for the owner to gain possession of the property ONLY and not for rent arrears.

2.Whereas there is nothing wrong with having a claim for rent arrears running seperately as well.

3.However,the Accelerated Possession Order procedures were designed in order for the owner to gain possession order fairly quickly with no hearing needed unless the tenant demonstrates to the court extreme hardship and then the order is suspended.

In support to what I have just mentioned,please visit the following website:

Accelerated Possession Procedure

[fivenecks]

Accelerated Possession Order being done ....he has not answered the courts letter, so the solicitor is asking for the order this week from the court.....

see what happens

[damiencannell]

Hi

Have you filled out and served a section 8 yet? If not done already i would check with your solicitor as nowadays they are almost essential in seeking possesion.

If it was a council tenant on benefits then the problem is always the councils will not rehouse tenants unless they are officially 'Homeless' and often advise tenants to wait to be evicted as they wont be offered any more assitsed housing if they leave of their own volition!.

Good luck with the APO

D