Emergency Eviction??

by Readers Question

15:33 PM, 10th June 2020
About 2 months ago

Emergency Eviction??

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Emergency Eviction??

Had a few issues with my current tenant (Mr X), but it has all kicked off tonight. The other tenant nextdoor tells me the Police have been called to flat as Mr X kicked off and threatening to kill himself after a drink and drugs combo mixed with existing meds he has to take for medical issues. Has just been arrested apparently under the Mental Heath Act (and after going for the woman PC) and taken away – I assume to a local secure facility.

The neighbour informs me before door to flat was slammed shut by Police it has been trashed with blood etc all over the carpet and syringes everywhere.

What do I do next? Assume an urgent call to the Council tomorrow to let them know the situation and the fact he clearly can’t return?

Can I change the locks now to stop him going back in but post something on the door to tell him I will grant him access to take his stuff if he contacts me??

Reluctant Landlord



Comments

Neil Patterson

15:36 PM, 10th June 2020
About 2 months ago

I would emergency call Landlord Action for immediate advice and contact the relevant authorities if they suggest you do so.

The Forever Tenant

16:36 PM, 10th June 2020
About 2 months ago

Even despite what has happened, as far as I am aware the tenancy continues and the tenant still has all the same rights as he did before this happened.

To change the locks would be considered an illegal eviction. To prevent him from returning would be the same. I believe you would still need to go down the usual eviction types which will take time.

Ian Simpson

20:56 PM, 10th June 2020
About 2 months ago

I would change the locks... Throw all his stuff in the car park. It is time to take back control!!

Robert Mellors

21:18 PM, 10th June 2020
About 2 months ago

Changing the locks, or taking any other action for an "emergency eviction" may be an illegal eviction in which case it would be the Council that prosecutes you as a criminal offence. If you are lucky, you might get away with it being an unlawful eviction, (rather than an illegal eviction), in which case I believe it is a civil offence, so the tenant could sue you for damages (these are often very large amounts, and no you cannot offset the arrears, so you would have to pay the tenant loads of money while they continue to not pay you what you are owed).

I believe that all you can do is serve him with the appropriate Notices (s21 & s8), and then at the expiry of the notice period you can apply to the court to join the very long backlog of possession cases awaiting a hearing. - The whole process could very easily take a year or more, due to the 3 month notice period, and the 5+ month backlog of court cases, plus the slowness of the court (particularly when they try to implement social distancing for cases when they eventually re-open).

WP

10:19 AM, 11th June 2020
About 2 months ago

Have no real choice than go through the S21 route I think. He is not in rent arrears as with increase in LHA the DWP not pay all his rent direct to me. Have started the ball rolling. The only possible other solution might be if I can 'mediate' (aka do a deal) with Social Services to find him a more suitable place asap as they assessed him as being able to live independently in the first place and clearly things have changed. he needs to be urgently reviewed. I have made his Case Worker fully aware of everything (even though they visit him twice a day apparently). Worse case he has to stay in till I can evict him, but chances are there will be another 'episode' as he simply can't cope on his own. Possibility too that he is possible being 'cuckoo'd'. I have alerted the Police and gave them the names of the local dealers. One more to add to the list of 'interesting' tenants I have. *sigh*

Chris Bryan

10:39 AM, 11th June 2020
About 2 months ago

Let me tell you a story that happened my brother had 2 flats one ground and one first floor and this was some time ago when things where a bit easier then they are now one night he received a call from the ground floor saying the tv has just come though the upstairs window brother went straight round told them wanted them gone that cost him £7000 for breach of quiet enjoyment so be very careful in what you do

Steve Masters

10:39 AM, 11th June 2020
About 2 months ago

The police can detain him under Mental Health act powers but Mental Health professionals will wait until he has sobered up until they asses him and decide whether to detain him further or release him back to his home.

If the police closed and locked the front door then the property is secure.

You should contact an eviction specialist for professional advice and contact the police and explain you are an interested party who needs to know his location and situation as you may need to serve legal notices.

Luke P

11:37 AM, 11th June 2020
About 2 months ago

Oi! You’re nothing special. Get back in the queue and suffer like the rest of us LLs.

I’m only kidding, but it’s true. That’s really the voice of Govt/the justice system rather than me.

Unfortunately nothing gets you fast track treatment.

Chris @ Possession Friend

12:39 PM, 11th June 2020
About 2 months ago

Reluctant Landlord,
Have you seen our posts mentioning we offer Free Advice, and our website that mentions some of our Specialisms ( ASB, difficult evictions etc )

Rod

14:22 PM, 11th June 2020
About 2 months ago

You couldn't possibly deny him acces - it would be against his 'human rights' - how could you think of such a thing??? Seriously, I've had some bad T's but not that bad - yet! Seek professional help quick, sad fact is it'll cost you, not .........!

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