Access after section 8/abandonment

Access after section 8/abandonment

11:02 AM, 16th January 2019, About 5 years ago 16

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Hi, My tenant stopped paying rent and didn’t respond when I chased this. I served both a s8 notice and a s21 notice. The s8 notice period passed. The tenant then confirmed that she would pay but subsequently didn’t.

The tenant then said that she would leave within two weeks and clear the arrears. This was all confirmed by text.

I was supposed to get the keys back tonight but the tenant hasn’t respond to my last few messages.

The tenant still has keys but the property looks to be empty. There are a lot of windows open so I’m concerned that if she has gone then the place isn’t secure.

I’ve text her telling her that if she doesn’t respond within 24 hours then I will have to enter to secure the place.

Where do I actually stand?

Thanks all

Graeme


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Comments

Old Mrs Landlord

20:28 PM, 17th January 2019, About 5 years ago

Reply to the comment left by Steve Masters at 17/01/2019 - 17:55
At your own risk and against published legal advice.

Richard Adams

20:37 PM, 17th January 2019, About 5 years ago

Reply to the comment left by Old Mrs Landlord at 17/01/2019 - 20:28
What would you do Old Mrs Landlord while the windows are open, heating is turned full on and the taps are running with plugs in the bath etc?

wanda wang

22:04 PM, 17th January 2019, About 5 years ago

Reply to the comment left by Richard Adams at 17/01/2019 - 20:37
I think there is a emergency clause in the tenancy agreement , you can enter without notice.

Chris @ Possession Friend

22:12 PM, 17th January 2019, About 5 years ago

From the original information, there's a lot of supposition been added, - i.e Heating left on ( why is Landlord liable for this in a single let ? ) taps running - How do we know this, unless we can hear water running from outside.
There are no grounds to enter after 24 hours notice, or for ' Reasonable reasons ' despite the notion sounding, well - reasonable, the law of Quiet Enjoyment, as Neil points out has got nothing to do with reasonableness. Neither has many laws for that matter !
A landlord can enter in an ' Emergency ' or if the property is insecure and at risk. ( which is part of the answer some have been suggesting. )
I would go in with witness, close windows, take photo's of contents - don't touch any of them, secure the property ( that does not mean changing locks and excluding the tenant ) and then FOLLOW the PCOL process that follows Sec 8 notice expiry. Landlords needs evidence and justifiable reasons for why s/he's entering. Insecurity and risk to property could be one. ( Take photo's - evidence to protect yourself from a subsequent Breach of Quiet Enjoyment. )
Of course, if the landlord had next of kin details for tenant ( which should always be requested for a number of reasons, ( aside from the Deposit Prescribed Information - ) notification of entry and reason - purpose could be served on them.
The caution about entering a property has not been overstated, there are risks you have to mitigate with grounds - reasons / evidence for doing so.

Richard Adams

22:21 PM, 17th January 2019, About 5 years ago

Reply to the comment left by Chris Daniel at 17/01/2019 - 22:12
That's a relief to hear from Chris that a landlord can enter under "Emergency" scenario which he describes. That gets the windows shut which Graeme said was the case in his original question. If any of the other horrors Old Mrs Landlord said sometimes happen apply then they can be addressed at the same time.

Old Mrs Landlord

22:44 PM, 17th January 2019, About 5 years ago

Reply to the comment left by Richard Adams at 17/01/2019 - 20:37
I respectfully decline to answer on the grounds that I might incriminate myself! Thankfully I have never personally faced this dilemma, but I have every sympathy with any landlord who does.

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