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Urgent help please

24

Comments

  • Out,_Vile_Jelly
    Out,_Vile_Jelly Posts: 4,842 Forumite
    Part of the Furniture 1,000 Posts
    The OP's dad should join a landlord association and start getting legal advice. This is a volatile situation that needs to be handled carefully and corrrectly.

    All of the damage incidents need to be reported, in writing, in a calm and factual manner to the social worker.
    They are an EYESORES!!!!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 3 July 2018 at 11:11AM
    I agree about advice. Contact/join

    Shelter, or
    RLA (Residential Landlords Association or
    NLA (National Landlords Association
    Water is coming through the ceiling into the property below
    I believe most courts (if it ever went to court) would call that an emergency, requiring immediate access to prevent damage to the flat and the flat below.

    Take a plumber so repairs can be undertaken, not just switching off the water.

    Do you have a key or have the locks been changed? If no key, be cautious about forcible entry (whether smashing the door or taking a locksmith). I would discuss first with police (not 999!) to

    a) check you'd not be done for breaking and entering, given your lawful civil right to enter in an emergency and

    b) you fear a breach of the peace when you lawfully access the property
    There is also a slight risk he could acuse you of harrassment and/or illegal eviction ( ), but given the circumstances I doubt this would stand upin court.


    Serve a S8 Notice ( Example S8 ) using

    * grounds 8 (2 months rent arrears) AND
    * ground 10 (in case he pays off arrears before the court date), AND
    * ground 11, (regular arrears) AND
    * ground 12 (not acting in a tenant-like manner as implied by the contract) AND
    * ground 13 (deterioration of the property) AND
    * ground 14 (nuisance)
    * ground 14za (but only if he's been actually convicted)
    * ground 15 (mis-treatment of furniture)
    * ground 17 (misrepresentation)

    see
    Schedule 2 (17 S8 Grounds a LL can use)
  • Rambosmum
    Rambosmum Posts: 2,447 Forumite
    Part of the Furniture 1,000 Posts
    Has you father protected the deposit? Has he had a gas safety check and issued a copy of the certificate? Has he given the tenant a copy the renting and your rights booklet? If not, do it NOW.




    Then give 24 hours written (pen and paper) notice to deal with the 'emergencies' (which is the leak - it's damaging someone else's property, that's and emergency and to install a new door/ lock).
    Then start the eviction procedures. Make sure your dad has done EVERYTHING a landlord should as failure to do so will delay the eviction.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    We were reassured by him and his social worker that......
    Do you have the social worker's contact details?
    This may sound extreme, but is he a danger to himself ('he' = the tenant, not the social worker!) or others?


    If so he could be sectioned under the mental health act.
  • ProDave
    ProDave Posts: 3,785 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Combo Breaker
    This thread is a good example of why no sane landlord would voluntarily enter into one of these new fangled 3 year tenancies being proposed.
  • elvina
    elvina Posts: 84 Forumite
    Thanks for the replies. Yes deposit is protected. Can we really enter if we have given 24 hours notice and he doesnt reply please? Thanks
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, you can, as already advised, but it must be in writing.
    Did you issue a gas safety certificate at the start of the tenancy? Failure to do so is a serious criminal offence.
    No free lunch, and no free laptop ;)
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    elvina wrote: »
    ..... Can we really enter if we have given 24 hours notice and he doesnt reply please? Thanks
    see post 13 above

    requiring immediate access to prevent damage..
    .
  • Vandalism and stealing are not civil matters - I would have him arrested
    elvina wrote: »
    Thanks for the reply. Yes it has been reported to the police and the police have been twice now but they say its a civil matter. We do have police reports. Thanks again
    If I ruled the world.......
  • elvina
    elvina Posts: 84 Forumite
    No gas certificate as the flat is electric only but we did have an electrical survey done.

    The police say that its a criminal matter and wont be shifted!

    Thanks
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