Tenant has lied and not paid the rent

G_M

1) A landlord (or their agent which is what you were when you went round) cannot access a tenant's home without 24 hours written notice, except in an emergency (which this is not).

2) Harassment by a LL is a criminal offence (Protection from Eviction Act 1977 S1 ). So both of you should be careful. Learn what you can/can't do before taking action

3) When did she last inspect? Unless very recent, she should write and say she wishes to make an inspection on X date at X O'clock (minimum 24 hr notice from date letter received). If tenant does not respond, (eg in Africa? or just ignoring) she can go round with key.

4) If tenant responds refusing inspection, do not use key to enter!

5) If November's rent is also unpaid, that is 2 months owed, so serve a S8 ground 8 Notice. See links in this post here: Ending/renewing an AST:)

7) join a LLs Association. See links in this post here: New landlords: advice, information & links

C_Mababejive

I too took it that they simply looked in the window. I think they should serve the relevant notices now. Any honest tenant would contact you and explain and not just produce an excuse when they had been caught out.

G_M

C_Mababejive wrote: »

I too took it that they simply looked in the window..

I think not:

there is bin bags left upstairs with clothes

I think they should serve the relevant notices now.

What 'relevant notices'? S8 ground 10? The court would not evict.

Wait till 2 months is owed.

alibean121

I'm sure they were in the house. How would they know what was inside the binbag in the upstairs bedroom without going up there to look? Or tell how fresh the food in the kitchen was.

I suddenly have a really strong urge to change my locks.

theartfullodger

C_Mababejive wrote: »

...I think they should serve the relevant notices now. .....

I agree, s8g10
http://www.landlordzone.co.uk/content/grounds-for-possession
& s21 TODAY! Costs almost nothing,, tenant might start behaving when they read them.


Was deposit protected & PI served within 30 days of payment??

Tenants have crises, just as do landlords, landed gentry & owner-occupiers: It could be a temporary hiccough - serve the notices, see what happens..

Debtfree_wannabe_2

agrinnall wrote: »

I assumed from the OP that she'd just looked through the windows, although we may never know as she's probably been scared off now (although hopefully that will stop her doing anything that actually is illegal).

She said "bin bags left upstairs". That certainly implies she's either been in the property or at the very least up a ladder!

AdrianC

Debtfree_wannabe wrote: »

She said "bin bags left upstairs". That certainly implies she's either been in the property or at the very least up a ladder!

Not to mention the expiry dates on the food in the kitchen.

mchale

G_M wrote: »

2) Harassment by a LL is a criminal offence (Protection from Eviction Act 1977 S1 ). So both of you should be careful. Learn what you can/can't do before taking action

Agreed, but harassment is very hard to prove, the important words being "persistent" and "believed" and although wrong what the OP did it is/was not persistent

G_M

mchale wrote: »

Agreed, but harassment is very hard to prove, the important words being "persistent" and "believed" and although wrong what the OP did it is/was not persistent

I did not say the OP had already fallen foul of this law - just that the law exists and LL/agent should take care.

Clearly they have limited knowledge, so bringing the relevant leglislation to their attention (and stressing the potential seriousness of future actions) is a useful way to counter the casual approach the OP is currently adopting.

PasturesNew

harvey1964 wrote: »

... I went round today and there was food in the kitchen etc definitely bought since the beginning of the month. ..... there is bin bags left upstairs with clothes

You've just described what is most probably an imprisonable offence.

Going into somebody else's home!

That's really, really, REALLY bad.

If you did that - you have NO defence. It's WRONG, so wrong it's indescribably bad!