Bailiffs are our last resort

diystarter7

[Deleted User] said:

diystarter7 said:

[Deleted User] said:

WhiskersTheWonderCat said:

[Deleted User] said:

We only have one side of the story here, so maybe reign in the tenant hate posts a bit.

There is no side of the story that makes 14 months of unpaid rent acceptable. 

Assuming that's really what happened. I'm just saying there is no need to stick the boot in.

Hi

With respect, what an odd comment to make. We have the OP/LL here and I'm not sure how much of this long thread you have read but your comments are not helpful to the OP that is clearly at their wit's end.

Neither is sticking the boot into the tenant. The more you mythologise them as the ultimate evil, the more the OP is going to despair.

The way to handle this stuff is calmly and methodically.

Hi

No one is "sticking the boot in" the OP/LL is just telling us what has happend and what is happening and are worried sick/etc/etc. Posters here on the whole are jst being supportive and your post doubting what the OP was saying, I saw no valid reasonn for that as why should the OP not state the truth!

As I said a couple of times on this thread, if this thread was by a T and they where having a bad experience with a LL, I am sure I and others would try to help and not doubt what the T was saying. There, from me and the majority of others here, we are affording the face value credentials to the validity of the OP's post.

If you posted a threat as a T and told us the LL was not fixing a boiler for exmaple, I am sure may, in many many LL &T's would tell you about your rights etc and try to help just like we are here with the OP

I hope the above is acceptable and you can appreciate what has been happening and it is in no way a go at T's but just this one that is playing the sytem.

FYI .The OP is dealing with the situation a lot better than most IMHO 

Thnak you

jillconey

I wish I had the imagination to be making this up. I’m thinking I’d be as wealthy as J. k. Rowling and not working in retail for minimum wage.  

EssexHebridean

Wishing you all the luck in the world for things to go ahead as hoped for tomorrow Jill. 

diystarter7

Hi
I will be thinking of you. Good luck.

Sarah1Mitty2

diystarter7 said:

[Deleted User] said:

diystarter7 said:

[Deleted User] said:

WhiskersTheWonderCat said:

[Deleted User] said:

We only have one side of the story here, so maybe reign in the tenant hate posts a bit.

There is no side of the story that makes 14 months of unpaid rent acceptable. 

Assuming that's really what happened. I'm just saying there is no need to stick the boot in.

Hi

With respect, what an odd comment to make. We have the OP/LL here and I'm not sure how much of this long thread you have read but your comments are not helpful to the OP that is clearly at their wit's end.

Neither is sticking the boot into the tenant. The more you mythologise them as the ultimate evil, the more the OP is going to despair.

The way to handle this stuff is calmly and methodically.

Hi

No one is "sticking the boot in" the OP/LL is just telling us what has happend and what is happening and are worried sick/etc/etc. Posters here on the whole are jst being supportive and your post doubting what the OP was saying, I saw no valid reasonn for that as why should the OP not state the truth!

As I said a couple of times on this thread, if this thread was by a T and they where having a bad experience with a LL, I am sure I and others would try to help and not doubt what the T was saying. There, from me and the majority of others here, we are affording the face value credentials to the validity of the OP's post.

If you posted a threat as a T and told us the LL was not fixing a boiler for exmaple, I am sure may, in many many LL &T's would tell you about your rights etc and try to help just like we are here with the OP

I hope the above is acceptable and you can appreciate what has been happening and it is in no way a go at T's but just this one that is playing the sytem.

FYI .The OP is dealing with the situation a lot better than most IMHO 

Thnak you

Can landlords buy insurance for these sorts of events?

diystarter7

Sarah1Mitty2 said:

diystarter7 said:

[Deleted User] said:

diystarter7 said:

[Deleted User] said:

WhiskersTheWonderCat said:

[Deleted User] said:

We only have one side of the story here, so maybe reign in the tenant hate posts a bit.

There is no side of the story that makes 14 months of unpaid rent acceptable. 

Assuming that's really what happened. I'm just saying there is no need to stick the boot in.

Hi

With respect, what an odd comment to make. We have the OP/LL here and I'm not sure how much of this long thread you have read but your comments are not helpful to the OP that is clearly at their wit's end.

Neither is sticking the boot into the tenant. The more you mythologise them as the ultimate evil, the more the OP is going to despair.

The way to handle this stuff is calmly and methodically.

Hi

No one is "sticking the boot in" the OP/LL is just telling us what has happend and what is happening and are worried sick/etc/etc. Posters here on the whole are jst being supportive and your post doubting what the OP was saying, I saw no valid reasonn for that as why should the OP not state the truth!

As I said a couple of times on this thread, if this thread was by a T and they where having a bad experience with a LL, I am sure I and others would try to help and not doubt what the T was saying. There, from me and the majority of others here, we are affording the face value credentials to the validity of the OP's post.

If you posted a threat as a T and told us the LL was not fixing a boiler for exmaple, I am sure may, in many many LL &T's would tell you about your rights etc and try to help just like we are here with the OP

I hope the above is acceptable and you can appreciate what has been happening and it is in no way a go at T's but just this one that is playing the sytem.

FYI .The OP is dealing with the situation a lot better than most IMHO 

Thnak you

Can landlords buy insurance for these sorts of events?

What events?

macman

jillconey said:

macman said:

If you suspect they have done a flit then why don't you attend the property, or send someone else to check? It should be obvious if they have surrendered possession, and you can then enter without the need for bailiffs, locksmiths, or dog handlers, thus saving further expenditure.
If they haven't left, you will have lost nothing.

It’s illegal. Plain and simple for us to set foot on property. Would be classed as illegal eviction. They also have have serval cameras around the property. 

It's only illegal eviction if you forcibly remove them. You can't do that if they've already left.
Or you can give reasonable notice (48 hours) of an intention to do an inspection, as the TA presumably allows for, and attend that way. 
No one is suggesting forcible entry.

ArbitraryRandom

Sarah1Mitty2 said:

diystarter7 said:

[Deleted User] said:

diystarter7 said:

[Deleted User] said:

WhiskersTheWonderCat said:

[Deleted User] said:

We only have one side of the story here, so maybe reign in the tenant hate posts a bit.

There is no side of the story that makes 14 months of unpaid rent acceptable. 

Assuming that's really what happened. I'm just saying there is no need to stick the boot in.

Hi

With respect, what an odd comment to make. We have the OP/LL here and I'm not sure how much of this long thread you have read but your comments are not helpful to the OP that is clearly at their wit's end.

Neither is sticking the boot into the tenant. The more you mythologise them as the ultimate evil, the more the OP is going to despair.

The way to handle this stuff is calmly and methodically.

Hi

No one is "sticking the boot in" the OP/LL is just telling us what has happend and what is happening and are worried sick/etc/etc. Posters here on the whole are jst being supportive and your post doubting what the OP was saying, I saw no valid reasonn for that as why should the OP not state the truth!

As I said a couple of times on this thread, if this thread was by a T and they where having a bad experience with a LL, I am sure I and others would try to help and not doubt what the T was saying. There, from me and the majority of others here, we are affording the face value credentials to the validity of the OP's post.

If you posted a threat as a T and told us the LL was not fixing a boiler for exmaple, I am sure may, in many many LL &T's would tell you about your rights etc and try to help just like we are here with the OP

I hope the above is acceptable and you can appreciate what has been happening and it is in no way a go at T's but just this one that is playing the sytem.

FYI .The OP is dealing with the situation a lot better than most IMHO 

Thnak you

Can landlords buy insurance for these sorts of events?

Ish. You can get rent guarantee insurance (which can include some legal costs) and cover for malicious damage by tenants, but not getting prior landlord references might invalidate it, and I also expect it would be invalid the first time the LL does something wrong in the eviction process (which is very easy to do if you've not done it before) or if it drags on too long.   

ArbitraryRandom

macman said:

jillconey said:

macman said:

If you suspect they have done a flit then why don't you attend the property, or send someone else to check? It should be obvious if they have surrendered possession, and you can then enter without the need for bailiffs, locksmiths, or dog handlers, thus saving further expenditure.
If they haven't left, you will have lost nothing.

It’s illegal. Plain and simple for us to set foot on property. Would be classed as illegal eviction. They also have have serval cameras around the property. 

It's only illegal eviction if you forcibly remove them. You can't do that if they've already left.
Or you can give reasonable notice (48 hours) of an intention to do an inspection, as the TA presumably allows for, and attend that way. 
No one is suggesting forcible entry.

Thankfully the OP is receiving professional legal advice, but for anyone else happening to come across this thread, if the tenant still has a lawful tenancy (which they do until the court grants possession, enforced by bailiffs, or they notify the landlord they have vacated) then changing the locks and not giving the tenant a key can count as illegal eviction. 

This seems a decent guide that covers the relevant points in more detail: 

Surrender of a property
A landlord may believe that a tenant has ‘surrendered’ the property and thus there is no requirement to follow the above process. Indeed it is a defence to the criminal offence of unlawful eviction if a landlord has ‘reasonable cause to believe that the residential occupier had ceased to reside in the premises’.

How can you be sure though that the property has been surrendered?
If the tenant has vacated the property and taken their belongings, you may well be encouraged to believe that they have surrendered it, but what if they are in jail, in hospital or – more cheerily – on a long holiday?

Whatever the reason for their absence, if the tenant was to return to the property and find that the locks have been changed and they can’t get in, they will have a very strong case to claim unlawful eviction.

The strongest, and possibly only, indicator that the property has been surrendered is if the tenant gives you back the keys to the property (caution being taken where there is more than one set of keys).

Abandonment of a property
If you are unsure about claiming that a tenant has surrendered the property you can place an Abandonment Notice on the door of the property. This Notice needs to advise that the property has been deemed as abandoned and give a time – say five days – after which the locks will be changed if no contact is received.

The Notice will require the tenant to contact the Landlord within a set period of time, for example 14 days, for a new set of keys for the new locks. Once that period has lapsed, it is then possible to claim vacant possession.

Again extreme caution must be taken as claiming abandonment is still a grey area. Abandonment can only be assumed from the tenant leaving the property, taking their possessions and handing in the keys. However as surrender of the property is implied from the same actions, an Abandonment Notice may be unnecessary.

https://www.bradysolicitors.com/brady-blog/absent-tenants-possession-order/

Emily_Joy

ArbitraryRandom said:

macman said:

jillconey said:

macman said:

If you suspect they have done a flit then why don't you attend the property, or send someone else to check? It should be obvious if they have surrendered possession, and you can then enter without the need for bailiffs, locksmiths, or dog handlers, thus saving further expenditure.
If they haven't left, you will have lost nothing.

It’s illegal. Plain and simple for us to set foot on property. Would be classed as illegal eviction. They also have have serval cameras around the property. 

It's only illegal eviction if you forcibly remove them. You can't do that if they've already left.
Or you can give reasonable notice (48 hours) of an intention to do an inspection, as the TA presumably allows for, and attend that way. 
No one is suggesting forcible entry.

Thankfully the OP is receiving professional legal advice, but for anyone else happening to come across this thread, if the tenant still has a lawful tenancy (which they do until the court grants possession, enforced by bailiffs, or they notify the landlord they have vacated) then changing the locks and not giving the tenant a key can count as illegal eviction. 

Huh? Changing the locks and inspection are two completely different things.