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Urgent help please

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elvina
elvina Posts: 84 Forumite
in House buying, renting & selling
Hi! !Please can someone give us some advice.! My Dad let a small flat in March, the day before the person moved in but after he had paid his deposit, we were told that he has aspergers.! We were reassured by him and his social worker that he could afford the rent and that he had support.! We have an assured shorthold tenancy agreement.! Since then everything has gone south.! He has vandalised the flat including smashing the coin meter and stealing the money, smashed a window onto a neighbouring property, wont allow us access to the property and is 2 months in arrears.! Firstly a question about the electric meter, does he have the right to refuse us access to empty the coin meter?! Water is coming through the ceiling into the property below but he wont let us in to sort it, can we (a) turn off the water or (b) enter without permission as we are concerned about the water shorting the electrics and causing a fire and obviously the tenant below is none too happy either?! He/his friends have also kicked the door in and smashed the lock for a second time, can we enter without his permission to check the state of the flat?!!

Any advice would be very much appreciated, this is a nightmare.

Many thanks
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  • ProDave
    ProDave Posts: 3,725 Forumite
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    Have you informed the police about the criminal acts (breaking into next door and stealing the meter money?)

    Re the water, don't you have a right of access to make an emergency repair?

    In any event you want to put into place eviction procedures so that on the 6 month aniversary he is out.
  • TBagpuss
    TBagpuss Posts: 11,204 Forumite
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    Check the terms of the tenancy agreement but normally the landlord has the right to access without notice in an emergency - flooding would come under that category.

    Get proper advice - if he is 2 months in arrears then you dad should be able to start the eviction process, assuming that everything about the tenancy is in order.

    It sounds as though you / your dad may not be very familiar with your legal position so I strongly recommend that you get professional advice to ensure that everything is done correctly.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • elvina
    elvina Posts: 84 Forumite
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    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
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    Read G_M's Guide to Ending/Renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy? Personally I would be waiting to serve a Section 21 notice, I'd be going down the Section 8 route.

    What does the tenancy agreement say regarding access for repairs, inspections and emergencies? How is the tenant preventing access?
  • elvina
    elvina Posts: 84 Forumite
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    Hi Thanks for the reply. The agreement says that he has to be given at least 24 hours notice which we do. It says that we can access the property in an emergency but we arent sure what classes as an emergency and when it switches from a leak to an emergency. He refuses entry by either not replying to requests for a date and time that is suitable, says yes and then says no when we arrive, says yes and then isnt there when we arrive, you name it and he does it. Now his door is unlocked because he/his friend have smashed it in, does that change things? Thanks again
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    Call Shelter now.

    https://england.shelter.org.uk/get_help
  • Smodlet
    Smodlet Posts: 6,976 Forumite
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    Does the fact the property is not secure constitute an emergency? I would have thought so but Pixie or someone will probably know for sure.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    elvina wrote: »
    Hi Thanks for the reply. The agreement says that he has to be given at least 24 hours notice which we do. It says that we can access the property in an emergency but we arent sure what classes as an emergency and when it switches from a leak to an emergency. He refuses entry by either not replying to requests for a date and time that is suitable, says yes and then says no when we arrive, says yes and then isnt there when we arrive, you name it and he does it. Now his door is unlocked because he/his friend have smashed it in, does that change things? Thanks again

    The tenant doesn't need to reply to your "request" for access nor does the tenant need to be present. All your father has to do is give at least 24 hours written notice and then enter the property. The tenant already gave permission when he signed the tenancy agreement.

    The unlocked/smashed door does not mean your father is no longer required to serve notice at least 24 hours in advance.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    pmlindyloo wrote: »
    Call Shelter now.

    https://england.shelter.org.uk/get_help

    Shelter is a housing charity that gives advice to tenants not landlords. Landlords are expected to know what they are doing and if not to seek professional advice.
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    Pixie5740 wrote: »
    Shelter is a housing charity that gives advice to tenants not landlords. Landlords are expected to know what they are doing and if not to seek professional advice.

    Apologies.

    Perhaps the OP ought to join this:

    https://www.rla.org.uk/landlord/landlordhelpandadviceteam.shtml
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