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Friday 16th September 2016

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12:27 PM, 29th September 2016, About 5 years ago

Tenant now in prison and friend looking after property and cats?

Hi Rob. If you throw anyone or anything out you run the risk of being done for illegal eviction later down the line.

1.Serve a S21 notice on the tenant at the prison. This will have to be accepted by the Prison Governor on behalf of the tenant. You can always give a copy to his mate which will give an expiry date the tenant is expected to leave by.
2. The friend may then liaise with the tenant and agree to move everything out (you could always give him some cash to help this process along). If no one has left by the expiration of the S21 notice you'll need to spend £340 filling out an Order for Possession with your local Court. If he leaves, make sure the friend leaves the keys AND gets the guy in prison to sign a Voluntary Leaving Letter AND takes all the belongings.
3. Once the Order for Possession has been granted, you'll then need to instruct bailiffs.

Can you contact the guy in prison? He may have family willing to give up his tenancy on his behalf - I find mum's are quite sympathetic and dad's are usually embarrassed by their child's actions. They may even agree to pay the rent to keep the property so the child doesn't go back home once released.

The tenant may be hoping to be let out on parole early which quite often happens if they've breached a restraining order. He can also ask the council to pay the housing benefit for up to 4 months direct to you - this should tide you over whilst you get the paperwork in place. If none of this works, try filing for direct payment by the council as the rent hasn't been paid for 8 week's/2 months and provide a tenant statement as evidence. None of it is ideal, but better than a big fine and record for breaching the rules.

The above process could be looked as at damage limitation.............. Read More