Property Repair – while awaiting eviction

by Readers Question

11:07 AM, 14th July 2014
About 4 years ago

Property Repair – while awaiting eviction

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Property Repair – while awaiting eviction

After almost a year, I finally obtained a possession order, with the agreement of the tenant, that they will move out and hand the property back to me on 11th August. the property will require redecorating, and some minor repairs before the next tenant moves in. However, I do not expect the tenant to move on the agreed date as I am sure the local council will advise them to remain until such time as an eviction warrant is exercised. This could add a further 5-6 weeks before I finally get the property back. Property Repair - while awaiting eviction

My question is, if I arrange for decorators and builders to attend the property on the 12th August, and the tenant is still in the property, could this potentially cause me problems and give the tenant an excuse not to leave?

Thanks

Ian



Comments

Mark Alexander

11:11 AM, 14th July 2014
About 4 years ago

Hi Ian

I have asked Paul Shamplina at Landlords Action to comment on this thread as this is his area of speciality.

You can find Paul's member profile and a contact form to get in touch with him directly via this link >>> http://www.property118.com/member/?id=190

Sally T

20:03 PM, 15th July 2014
About 4 years ago

If you know the tenants will still be there why would arrange for these people to turn up. Most builders/decorators are self employed, by setting them up to turn up to a property they wont be able to access you are costing them a days income they could be getting somewhere else.
If you turned up for work tomorrow and your boss sent you home for the day without pay how would you feel ?

Ian Brand

8:26 AM, 16th July 2014
About 4 years ago

Sally - I think you have misunderstood the question completely.

Its not my intention to set any builders or decorators up, and obviously I would already have an agreement to allow them to access the property if required.

My question is - as the tenant has agreed in court to move out on a specific date, but then does not do so, can they subsequently use the reason of decorators on the premises, after the agreed date, to further delay their eviction? (ie could this be presented as a form of harassment)

Tessa Shepperson

8:28 AM, 19th July 2014
About 4 years ago

If the tenants have agreed in writing that they will be moving out on 12 August, I don't think it will be deemed harassment if you arrange for builders to turn up.

However if the tenants then decide not to move until evicted physically by the bailiffs (as if their right) they can refuse entry to the builders. As Sally points out, the builders will not be happy about this!

Maybe speak again to your tenants about what their intentions are - perhaps tell them that you are arranging for the builders to attend and ask specifically if they can confirm in writing that they will have moved out by then so the builders can have access.

If they say they will be moving out then refuse to do so after you have booked the builders to attend, you should then have a claim against them for any wasted expenses.

Dr Rosalind Beck

9:04 AM, 19th July 2014
About 4 years ago

Hi Ian.
I've got a good one for you: if they have agreed a date to leave in writing - even in a text or email (which you will need to keep) and they then don't leave they will be trespassing and you will be entitled to double rent from that date onwards (it's an obscure law from the 18th century that I can look up for you if you like - we currently receive £50 a month from a gentleman courtesy of this - his original debt has been repaid and we're now on bonus time! ( it goes towards the coffee bill).
As long as the ex-tenant is in a job paying £1,000 per month or so, you are likely to be able to get an attachment of earnings on the person. This is under-rated. It costs around £100 (I can't remember exactly how much) and it takes a while to get set up legally, but it works a treat. We've had maybe £15,000 back via this method in recent years. It's only useless when the ex-tenant is on the dole, not earning enough or working cash in hand. Anyway, give it a try and hopefully others reading this can also make use of this information. It's one of those rare good things for landlords.


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