9:30 AM, 26th June 2024, About 2 years ago 5
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Hi, I’m currently waiting for a Section 21 possession order, with my solicitor actively chasing the court for updates. The council advised the tenants to remain in the property until eviction. The tenancy ended in July last year.
The management company conducted an inspection in February 2023 and addressed necessary repairs. I requested another inspection recently.
The condition of the property is terrible damp/mould everywhere. Peeling paint in areas, carpets heavily stain. The tenants have not reported anything to the property management.
There was damp/mould previously which was from the tenants not ventilating, drying clothes inside even though there is a washer/dryer. This was sorted but they took 4 months to let in contractors.
Do I have any recourse apart from taking the deposit as this is going to cost me a lot. Is there any way to speed up possession?
Thanks,
Sheila
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David Houghton
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Member Since October 2022 - Comments: 396
10:44 AM, 26th June 2024, About 2 years ago
In a,word No. You will have a claim in damages once tenant leaves (assuming they don’t reinstate). There are orders for abridgement of time, but only on serious nuisance
Mark Smith
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Member Since March 2023 - Comments: 51
13:53 PM, 26th June 2024, About 2 years ago
You can contact the the council to ask whether it is true they have advised the tenants to remain after the a court possession order in defiance of the court
You could let them know that by so advising they may share liable for any further losses you or the tenants incur due to further damage, securing bailiffs, or legal costs in recovering you losses directly attributable to their advice.
The problem maybe tat it turns out the council did not advise the tenant to remain – but advised hem they would not be considered homeless until after an actual eviction and they would be unlikely to be offered emergency accomodation.
However if they have wrongly advised the tenant they would be making themselves voluntarily homeless inciting them to ignore a court posession order then they are in the wong and you may wish to indicacate that (it hlps i you have paper evidence that is what they said!)
havens havens
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Member Since April 2024 - Comments: 94
15:34 PM, 26th June 2024, About 2 years ago
I’m sorry to hear about your situation. Given the conditions you’ve described, it’s crucial to document all communications and property inspections thoroughly. In terms of recourse, you may consider discussing the property’s condition with your solicitor to explore any legal options related to damages beyond the deposit. As for speeding up possession, your solicitor’s efforts in chasing the court for updates are crucial. Ensuring all necessary paperwork and evidence of breach of tenancy conditions are in order can also support your case for expedited possession.
Michael Booth
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Member Since September 2023 - Comments: 335
15:37 PM, 26th June 2024, About 2 years ago
Reply to the comment left by Mark Smith at 26/06/2024 – 13:53
The councils have been told by succesive home secretaries to stop the practice of telling tenants to ignore a legal orders to move , l would advise you
to get in touch with the relevant department and make it clear to them they are in breach of 2 laws the homeless reduction act 2017 and the homelessness code of practise and if you don’t retract their statement of advise you will take further action against the council it worked for me.
Judith Wordsworth
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Member Since January 2015 - Comments: 1371
17:04 PM, 26th June 2024, About 2 years ago
No