tenant arrested what do i do?

minvin

Just got a call from the police. Saying that he will not be coming out soon.
Can anyone point me in the right direction. I will be contacting a solicitor but what will this entail?

Any help would be appreciated. How long will the process take to get the posession of the apartment?

thanks
min

sdooley

Well just because the police say he won't be out for a while doesn't mean they're right? Could be out on bail tomorrow so be careful....

Was he/she arrested for illegal behaviour on your property? If arrested for something totally unconnected (e.g. a driving offence) hard to see that you can kick him/her out, unless and until he/she stops paying the rent.

minvin

@ sdooley,

The offence is serious according to them and it does not look like bailable offence. But what you say is worth noting.

any other views about this?

thanks
min

princeofpounds

You can do nothing except terminate the tenancy in a normal manner. Section 21 process and Section 8 once 2 months overdues build up.

Depending on the nature of the offence you might be able to appeal on other grounds regarding conduct, but frankly it's hard to go down that route as even a murderer may not have breached his tenancy.

Sorry, but until you get a court order it's still a valid tenancy.

Best option might be to visit tenant and ask for voluntary surrender. They will still be liable for rent while they are inside and they probably don't want that liability so you might be able to come to an arrangement if you can get in touch. Might be a good idea to communicate this to their lawyer, so that a) you aren't interfering when they have other things to worry about and b) they have easier access to the tenant in jail.

simpywimpy

I may be wrong, but don't the benefits agency have to continue paying so he wn't be homeless?

clutton_2

""don't the benefits agency have to continue paying so he wn't be homeless?""

i blinking well hope not !!!!!


has the world gone utterly bonkers ????? TWO different government departments paying to house one criminal ????? i'm speechless - a VERY rare thing.....

DVardysShadow

clutton wrote: »

""don't the benefits agency have to continue paying so he wn't be homeless?""

i blinking well hope not !!!!!


has the world gone utterly bonkers ????? TWO different government departments paying to house one criminal ????? i'm speechless - a VERY rare thing.....

Alleged, so far. And as he is alleged only, his housing options should be kept open while on remand

minvin

Thanks for all the advice hope to find a solicitor and start the process. More information that i should have given earlier. He has not been arrested today but a couple of weeks ago. Is in prison as we speak, police have also asked us to contact solicitor etc.

Came on here to see if anybody had similar experience and how long the process would last.
Liked the suggestion of approaching him via solicitors.

Vin

RecoveringAlcoholic

Prisoners and housing
Keeping your home

[FONT=Arial,Arial][FONT=Arial,Arial]If you're in prison, try to hold onto your home for when you come out. However, this might not be easy. The main thing to do is [/FONT][/FONT]get advice [FONT=Arial,Arial][FONT=Arial,Arial]about your housing situation from a specialist adviser as soon as possible. This is especially important for people with short sentences. If you've got a short sentence, you've got more chance of keeping your home but it's very important to act quickly. [/FONT][/FONT]


[FONT=Arial,Arial][FONT=Arial,Arial]http://www.adviceguide.org.uk/index/p_prisoners_and_housing.pdf[/FONT][/FONT]


[FONT=Arial,Arial][FONT=Arial,Arial].[/FONT]
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simpywimpy

I am guessing he is in prison on remand and the case itself could take months to resolve. If he doesnt pay his rent you need to start action straight away. The police should give you the name of the prison to contact him (or they used to do)

I think if you are unable to contact him you would put a 7 day notice in the window once the waiting time after default and then you can legally enter.

I was pointed to www.landlordzone.co.uk for helpful advice