I told the police they were not allowed back to the property?

by Readers Question

10:22 AM, 10th July 2020
About 8 months ago

I told the police they were not allowed back to the property?

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I told the police they were not allowed back to the property?

I recently rented my property to my partners husband and children. My daughter passed away last year and we let the property over a 10 year period to them.

The relationship has broken down between us and he has not paid rent for 4 months. Although he did start to pay. He had been asking for a section 21 so he could get a council house. We were reluctant but after missing a payment in April we went to a solicitor and formally served him with a section 21.

He went berserk in the house saying he had a mental breakdown because of all the stress he was under since my daughters diagnosis in May 2017. He caused damage in the property and we called the police and had him charged with criminal damage.

We told the arresting officer he was not allowed back to the property and they took his keys off him and returned them to us. He was also given bail conditions stating not to return to the property by the police after us stating he could not return. This was in the middle of the coronavirus pandemic. He and my grandkids had to stay away.

He is now threatening us with a unlawful eviction civil court case as we had him charged and is in court to recoup the damages that needed repairing.

How would we stand on this do you think we have a case to answer.

Steven

Comments

SimonP SimonP

14:23 PM, 10th July 2020
About 8 months ago

Reply to the comment left by Graham Bowcock at 10/07/2020 - 13:58
Thank you for the information, Graham. I was under the impression that the government had set a limit of 5 years for ASTs but my friend, Mr. Google, confirms what you have said and I have just learnt something new.

Smartermind

14:52 PM, 10th July 2020
About 8 months ago

Reply to the comment left by Puzzler at 10/07/2020 - 13:09
The relationships are irrelevant (and confusing). The main point is that the OP attempted to end a tenancy illegally and badly needs advice.

Jessie Jones

9:29 AM, 11th July 2020
About 8 months ago

As a retired cop my knowledge may not be entirely up to date, but this is unlikely to have changed much.
A victim, such as yourself can ask the Police to impose bail conditions if they are charged. This could include a condition that prevents a person from returning to a property, and this often happens in cases of domestic violence, or to protect children, by way of example.
However, such a bail condition is temporary and only lasts until the next Court hearing, typically within a week or two.
The bail condition does not end the tenancy as it is temporary.
The person who has been charged can apply to the Court to have this condition lifted or altered, and this is an easy process for them and happens frequently.
Of particular note, if the person who has been charged pleads guilty, or if the case is dropped, the bail conditions are likely to cease to apply.
Even if the person who has been charged is remanded into custody or sentenced to prison, this does not automatically end the tenancy.
The Police taking the keys off them can probably be justified whilst he has bail conditions not to return, but if the bail conditions are removed, you will have to return them I'm afraid, and in quick time to if you want to avoid repercussions.
As with all things, there can be exceptions and variations as each case is treated on it's own merits. But 'not allowed back to the property' does not have any legal standing in tenancy law !

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