Tenant Flat Fire - Next stage - how to sell?

[Deleted User] · 5 December 2007 at 7:22AM

My shorthold tenant was in the flat for almost 6 months.

She told me she wanted to get a council property and was not happy in my flat. She said that council would not rehouse unless she had an eviction notice.

I issued a section 21. which seeks possession on 9th December. (Having given the 2 months notice).

The organisation holding the deposit told me last Tuesday that my tenant had not found alternative accommodation and was not intending to leave.

I was also told that she had made frequent complaints to the local authority about the property - in order to increase her chances of being rehoused.

I contacted the local authority who were very nice and who had inspected the flat and found nothing wrong. They and the deposit holders told me that tenant had her daughter (a) living there. The tenant had applied for rehousing for both of them.

I have a clause in my tenancy agreement stating that the tenant may not have anyone else living there without my written permission. Nor are other people allowed to have keys. My tenant told me that her daughter has severe mental health problems and is frequently in hospital. The deposit holders told me that the daughter (a)was evicted from her hostel for property damage and physically attacking people.

I was told that my tenant would not move unless I had a court order. I spoke to my tenant last week to verify that this is the route she wants to go and that she is aware of potential costs. Her other daughter (b) grabbed the phone and yelled continously for about 10 minutes. She said that I could not get her mother out without a court order, that if I wanted her out I would 'have to pay' and that there would be consequences. She told me that her sister was currently in a psychiatric unit.

I have been preparing an accelerated possession.

I live a 2 and a half hour drive from the flat.

On Monday 3rd I got a call from a prospective new tenant who had been driving past the place when he saw fire engines.

The flat was on fire. Police were in attendance and the place became sealed as a crime scene. I visited yesterday and made a statement to CID. Daughter (a) was in custody having been seen by a neighbour running from the fire. It appears that my tenant had been away since Friday.

I haven't been inside the property as forensics were still ther.

I will find out today if the fire was started deliberately or by some electrical fault.

The building is uninhabitable. Other residents have been moved out.

My tenant's section 21 two month's notice finishes on 8th December.

There is no gas, electric or water to the building.

Can I change the locks on the 9th?

Can I pack up my tenants belongings and tell her to collect them on a certain date?

After 8th, does she have access to flat?

She has told police that she is claiming her right for me to give 24hours notice of my access to the proprty, but I have a clause in tenancy saying I have immediate access in an emergency.

HELP please

[Deleted User] · 5 December 2007 at 9:35AM

The flat was still sealed off by police when I visited yesterday. Daughter (b) was there, shouting and abusive. Her mother - my tenant - was not there.

Although up until 8th December, my tenant has the right to access the property, due to unstable and abusive behaviour, I am afraid they will cause more damage to the property.

cherry_blossom_6 · 5 December 2007 at 9:38AM

That sounds terrible. Do you have legal cover on your insurance? If so I would give them a ring and ask for advice.
Personally I wouldn't care what they say, I would be changing the locks. Presumably she will have to have moved out to somewhere if it is uninhabitable.

[Deleted User] · 5 December 2007 at 9:58AM

thank you cherryblossom. Yes we have insurance. It covers everything that would not fall out if you picked up the house and shook it. Also painting and decorating. No contents insurance as it is let unfurnished and the tenants have to insure their own.

The police say that unless and until anyone is charged plus any knowledge or collusion with any arson is confirmed, my tenant has a right to access her possessions. the section 21 two months notice finishes on 8th December.

The police have secured the building and were telling me last night that no one would have access. But I will have to wait til they call me today. CID phoned me last night on my way home, telling me that the home office scientist had finished and he - CID - would call me today. He would not tell me last night the findings, but it sounds suspicious!

cherry_blossom_6 · 5 December 2007 at 10:04AM

But do you have legal cover on your insurance? Sometimes credit cards or work unions also provide this. Free legal advice.The 8th of December isn't a very long way away, especially if they are still not letting anyone in. Presumably it was that bad that their items may have been damaged anyway.

[Deleted User] · 5 December 2007 at 10:09AM

Yes from what I could see from behind the crime scene tape, the front window was black with smoke. The fire started in the bedroom at the back and burnt through to the floor above in a patch. Insurance has paid for other residents to move to bed and breakfast. I am onto landlordzone for advice, but I have to speak to insurers and loss adjusters again today. It's horrible.

sooz · 5 December 2007 at 10:31AM

cgw

firstly, calm down and take a deep breath.

from what I understand, everyone got out safely (particualrly those seen running from the crime scene), so be very thankful for that.

Call your buildings insurance company, and tell them what happened. You policy should almost certainly have legal cover. Speak to their lawyers.

Until you get legal advice, you must not even think about changing the locks.

[Deleted User] · 5 December 2007 at 11:05AM

thanks - I'm waiting for the insurers to call back right now

Alleycat · 5 December 2007 at 2:48PM

The likelihood would probably be that you would still be expected to accommodate the household you were evicted up until a Bailiffs Warrant is issued as legally they are still your tenants (unless they decided to rehome themselves). As you have sufficient insurance to house your other tenants, the LA would not provide temporary accommodation for them and would expect this to be provided by you. If you changed the locks now you could be done for unlawful eviction (civil case by the tenants).

I would reiterate the advice already given regarding speaking to a legal professional just to be on the safe side.

With regard to future housing for this household, I would suggest you be totally frank with the Housing department if they contact you for information regarding reasons for eviction. Especially if it turns out that it was arson by these people. If not they could be prioritised over and above genuinely unintentionally homeless people which would be unfair to those really in need.

scrummy_mummy_2 · 5 December 2007 at 3:57PM

Serving a Section 21 Notice does not constitute eviction proceedings...it is just a notice that the Landlord requires his property back.
If the tenant fails to leave the property once the S21 expires, the LL must then apply to the court for a posession order. You cannot regain possesion of the house until this has been granted and the tenants have left/actually been evicted by bailiffs....could take another couple of months after when the S21 expires.
Once it goes to court the LL will have to explain why they are seeking a posession order....IF the LL wants his property back as a result of ANY breach of the tenancy agreement (and can prove the grounds) and used the S21 (accelerated process) as a route to regain his property, the council will then consider that the tenant has made themselves intentionally homeless by breaking the agreement Terms.

I would ring the housing department at your local council and alert them to the issues you are facing and you concerns about your tenants' real intentions.

[Deleted User] · 5 December 2007 at 9:41PM

Thanks everyone. I've been on the phone all day.

The daughter (a) was let out on bail and then re nabbed today for something in connection with the fire though the police could not tell me details.

I told CID my fears about tenant re entering property and taking up residence or doing further damage (remember I have not seen inside the flat yet). Police said that the property is uninhabitable due to no water or electricity. Police also said that there was no further damage to be done - its as bad as it gets.

The freeholder who manages the insurance policy to which we contribute, can't make a meeting until next Friday with loss adjuster. So the tenant won't be in the property when the S21 expires. The whole flat will have to stripped out. It is considered by the council uninhabitable. i agree Scrummy and have spoken to council.

The phone has not stopped all day, either landline or mobile or both. Police, freeholder, insurance, loss adjuster, prospective new tenant (as was!), friends, family the other leaseholder's social worker, etc.

Insurance has legal helpline who have advised.

I worked so hard on the flat......wall lights...........mosaic floor in tiny lobby just by front door.........double glazing...........reclaimed and refurbished back door.........new kitchen and bathroom. Can't get head round it - people could have died.

Tenant Flat Fire - Next stage - how to sell?

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