Advice needed re problem tenant

Guest101

Lilhobo wrote: »

We have spoken to the tenant and he says he will look for something else, can we get him to sign the deed of surrender before he moves out?

I have spoken to the police, the case definitely exists and all I have to go on is the police being pretty sure he would not be returning to the property other than to collect his stuff.

Trying to explain one more time.


The POLICE CASE exists. Of course it does, it's why he's on bai conditions.


The CPS probably haven't seen the case yet, to determine whether they will proceed with prosecution


And even then, the court has to allocate a time / date for it.


The police cannot know what he intends to do. Frankly they're lucky to have set the bail conditions they did. He clearly didn't bother with a solicitor.

Lilhobo

Ok I get it. Sorry, I have no experience of what happens when you are charged with a crime, I thought you were arrested, bailed, went to court, either go to prison or get off.

Pixie5740

Lilhobo wrote: »

We have spoken to the tenant and he says he will look for something else, can we get him to sign the deed of surrender before he moves out?

I imagine he would want to find somewhere else to live before surrendering the current tenancy. Although you did indicate in a previous post that he probably isn't living int the property at present.

Lilhobo wrote: »

Ok I get it. Sorry, I have no experience of what happens when you are charged with a crime, I thought you were arrested, bailed, went to court, either go to prison or get off.

You don't seem to know much about being a landlord either. Join a landlord association. Issue a Section 21 (once you've returned the unprotected deposit) and see if there are any grounds for a Section 8 notice whilst you are at it (not necessarily related to him being convicted). You might get lucky and he might sign a Deed of Surrender but then again he might not so get the ball rolling with the notices.

Guest101

Lilhobo wrote: »

Ok I get it. Sorry, I have no experience of what happens when you are charged with a crime, I thought you were arrested, bailed, went to court, either go to prison or get off.

not quite.


1: A crime is reported, or witnessed by the police.
2: the police will carry out an initial investigation, e.g. talk to witnesses, cctv, etc.
3: the police may arrest, or arrange for arrange by appointment, for the purposes of interview. They may also arrange to interview without arrest, the suspect is free to leave in this case. (but does not get legal aid support!!)
4: the Police then have a number of options:
a: NFA, no further action. The incident is deemed not to be an offence.
b: Caution, the police may issue a formal caution. This is an admission of guilt.
c: Bail, for further enquiries, or to present the case to the CPS
d: In some cases, issue fixed penalty notice.
5: Only in 'C' does the suspect got to court. Even if found guilty, the sentence may not be (and often isn't) prison.

G_M

Pixie5740 wrote: »

Aren't the Section 8 grounds you mentioned discretionary?
.

Yes, discretionary, but the combination of several grounds would sway the likelihood in favour of the landlord.

However for ground 14 a conviction would be required, hence I asked if he had been convicted, or if OP knew of a court date (ie perhaps in a week so worth waiting for).

We've moved on. OP knows very little about if/when any charges might be brought so it is no longer relevant.