What happens if a tenant just doesnt leave?

PasturesNew

michmike wrote: »

Maybe a stupid question, but... what if you wait until tenants are absent from the property, open the door, throw out all their stuff and change the locks?

You get a free ticket to the jail of the judge's choice.

theartfullodger

what if you wait until tenants are absent from the property, open the door, throw out all their stuff

Blimey, what is going on with some of these questions/suggestions: Is Suzy Butler giving "lessons" in "How to be a dumb Landlord"???

See the excellent LLZ website...

http://www.landlordzone.co.uk/uncollected_goods.htm

..Torts (Interference with Goods) Act 1977

The landlord is under a legal obligation to take care of tenant's possessions and in Tort becomes an involuntary bailee with a duty to act reasonably in regard to the goods left on the premises. The law relating to uncollected consumer goods is covered by the Torts (Interference with Goods) Act 1977
.

The Torts (Interference with Goods) Act 1977 allows a landlord to sell goods left in a property if reasonable efforts to trace the tenant or owner of the goods fail. The Act further states that if the tenant is traced, the landlord must serve notice stating its intention to dispose of the items, how to arrange collection, and that disposal of the items will not begin until the notice has expired.

Cheers!

Lodger

michmike

Jowo wrote: »

Criminal offence - landlord leaves themselves open to prosecution and steep civil penalties to compensate the tenant.

A local council private sector relations officer will simply arrange for the police to break into the property and let the tenants back.

Even if it's the only place for landlord to live?

Out,_Vile_Jelly

michmike wrote: »

Even if it's the only place for landlord to live?

They can always get themselves a nice tent...

sonastin

michmike wrote: »

Even if it's the only place for landlord to live?

It isn't the landlord's home. It is (was) the tenant's home and the law requires the landlord to follow the process set out above if he's going to take the tenants home away from the tenant.

If the landlord has given up / lost whatever home that he had while the tenancy was in place, that isn't the tenant's problem and the landlord can't dump the tenant out on the street simply because someone else has done that to the landlord.

The landlord needs to take whatever steps are necessary to make the property available to live in before he is in the situation where it is the only place for him to live. And if, for whatever reason, he can't, the landlord needs to make whatever temporary arrangments are necessary so that he doesn't have to resort to throwing the tenants stuff out on the street.

The law is designed to protect innocent tenants from bullying landlords. Unfortunate as it might seem to property owners, that's the way it is.

theartfullodger

It isn't the landlord's home. It is (was) the tenant's home and the law requires the landlord to follow the process set out above if he's going to take the tenants home away from the tenant.

Absolutely: In Engerlish law the tenanted place, whilst the tenancy is still in operation (i.e. until court order is obtained & bailiffs are carrying the tenant out the door..) is the Tenant's Property, but only the Landlord's investment.


Cheers!

Lodger (Landlord since 2000, still learning).

Jowo_2

michmike wrote: »

Even if it's the only place for landlord to live?

The personal circumstances of the landlord is wholly irrelevant. The validity and applicability of laws don't change because of this.

The only way to get a tenant out of a property who refuses to leave after notice has been correctly served is for the landlord to take them to court. And if the tenant still refuses to leave after judgement has been made in their favour, the only option is for a landlord to enforce this via a court appointed bailiff.

It doesn't matter if the landlord has 1 property or 1,000 - the process is the same.

This process has been around for many years and it is only novice/amateur/accidental/ignorant and unprofessional landlords who think their personal circumstances, strength of feeling or sense of moral outrage means that long established housing laws do not apply to them....

pelirocco

theartfullodger wrote: »

There's a couple of (possible) steps missing...

- find out notice was incorrectly worded or deposit protection not handled correctly so start again.. (happens surprisingly often..)
.. Find out court papers incorrectly filled in so start court process again.. (yup, happens!! even to solicitors... ah!, shame... )
,.. find your financial reserves are so low you haven't the ££ to pursue the case...


It is surely the British way to respect and abide by the normal processes of the law, as a Landlord?? If you don't like the laws & regulations of the business you are in (in this case property letting..) may I 'umbly suggest you find another business??

Cheers!

Lodger

Its surely the right way to respect others and move out at the right time , I assume while the squatter is sitting there he/ she isnt paying rent either ? ,

BitterAndTwisted

THEY AREN'T A SQUATTER! Is your real name Suzy Butler by any chance?

neverdespairgirl

michmike wrote: »

Maybe a stupid question, but... what if you wait until tenants are absent from the property, open the door, throw out all their stuff and change the locks?

You should get a free roof over your head at Her Majesty's Pleasure - no rent charged!