Ex tenant taking me, the landlord, to court

barrydh

i have a problem with an ex tenant.  She was served with a Section 21 eviction notice which expired on 23 July.  I know from the council she informed them the house would be "empty and unoccupied" from the 1st of June, 7 weeks before the Section 21 expired. I had the managing agent ( accompanied by a  witness) attend the property on 24th July. Despite several letters inviting the tenant to attend she did not reply or attend.  (both the landlord and managing agent could not contact the tenant by telephone as she had blocked them both).  We had not received the keys back at this point.  After looking through the front window it was obvious the property was empty.  No furniture in sight.  They then accessed the rear of the property to find the door unlocked.  They went into the property having called out if anyone was there, there wasnt.  The house was completely empty of any furniture or anything else other than an old treadmill and some bits of junk.  Assuming she had been gone for 7 weeks (according to her information given to the council) these items were disposed of after a couple of days.  She now accuses the agent of stealing a jewelry box full of very expensive bracelets etc and is threatening me with court.  She says there is a police investigation ongoing although i have not been contacted.  She also states the agent  needed a court order to enter the house which they didnt have.  
She also left owing 2 months rent, left the house in a terrible state needing a cleaning company to get it back to habitable condition and it seems defrauded the council out of 2 months council tax. 
Any advice on any item above would be gratefully received.  Thank for taking time to read this. 

elsien

What court does she say she is taking you to, and what for?

barrydh

She hasnt said which court only that she is sueing me for entering the house without a court order, stealing her jewelry and desposing of her stuff without her consent

DE_612183

I'd just wait for the police to contact you - I would assume that you and the managing agent with both back each other up.

Not sure about the court order bit - just because the Section 21 expired doesn't give you the right to enter the property unless the tenant ( or occupant ) has given you permission.

elsien

Did you take any photos of the property and what you got rid of? 
She can try to sue for compensation for illegal eviction but the court  could decide none is due if you reasonably believed that she had left the property. If it ever comes to it.
I can't see she has a snowballs chance in hell of claiming anything for stolen jewellery given the  complete lack of evidence that it exists, was left behind and presumably more than one person present to evidence that the door was open and unlocked so anyone could have gone in?

barrydh

I understand about us entering the property without her permission but she refused to reply to letters sent requsting her attendance but we had no reply.  She blocked my phone number in May 2022 and the agent from about 6 months ago.  How were we to get her permission?

elsien

Probably trying it on in the hope you will pay her to go away. Are you a member of any landlord forums?

DE_612183

barrydh said:

I understand about us entering the property without her permission but she refused to reply to letters sent requsting her attendance but we had no reply.  She blocked my phone number in May 2022 and the agent from about 6 months ago.  How were we to get her permission?

How was she served the section 21?

DE_612183

Also did she leave a deposit in a registered scheme?

Was the section 21 valid?

deannagone

You did not have a possession order or bailiff warrant, you were not allowed to enter the property.  The property was still hers. A completed S21 order does not allow you to evict the tenant on its own, you needed a possession order and bailiffs warrant issued by a court.  Only courts or the tenant can end the tenancy.

I am afraid, if the tenant does decide to take this to court, you will probably lose and could incur further charges due to illegal eviction.  I hope you have video's of the items inside the property, this will help you establish there was no jewellery case inside the property although I would imagine the tenant would have to also 'prove' she owned this jeweller and left it there (rather strange leaving valuable items behind rather than prioritising their removal along with most of her other items).

pinkshoes

deannagone said:

You did not have a possession order or bailiff warrant, you were not allowed to enter the property.  The property was still hers. A completed S21 order does not allow you to evict the tenant on its own, you needed a possession order and bailiffs warrant issued by a court.  Only courts or the tenant can end the tenancy.

I am afraid, if the tenant does decide to take this to court, you will probably lose and could incur further charges due to illegal eviction.  I hope you have video's of the items inside the property, this will help you establish there was no jewellery case inside the property although I would imagine the tenant would have to also 'prove' she owned this jeweller and left it there (rather strange leaving valuable items behind rather than prioritising their removal along with most of her other items).

Why not? The S21 had expired and the tenant had moved out. The tenant had also provided written evidence to the council making it clear they'd moved out. 

I thought you only need to get a possession order/bailiff warrant IF the tenant has not moved out when the S21 expires. That is not the case here.

It is quite clear here the tenant moved out, but is now trying to claim they had NOT moved out. Hopefully @barrydh and the agent took photos the day they turned up to show the property was empty, and photographing the rooms.

@barrydh I appreciate the tenant hasn't paid rent for the last two months but I think I'd just let this go, or you could remind the tenant that they still owe two months rent so if they go ahead with their bogus jewellery claim, you will be counter claiming the missing rent.