S8 eviciton and Notice of claim dilemma?

by Readers Question

9:46 AM, 5th October 2020
About 3 weeks ago

S8 eviciton and Notice of claim dilemma?

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S8 eviciton and Notice of claim dilemma?

This is all new to me so please do not judge as my stress levels are through the roof already. I have a block of 4 flats and one tenant has been causing horrendous problems for my other tenants and me.

I served a s21 notice and since then my property has been vandalised 3 times. It is him, but I have no hard evidence to interest the police. I am now trying, with a solicitor, to serve a s8 for anti-social behaviour. He has put up CCTV directly watching all the other flats.

I have reported him to the ICO, but doubt I will hear from them! The local PCSO has been amazing. She has issued a Community Protection notice, he breached it and now has a Community Protection Notice. If he breaches this he will be arrested.

He has refused me access to the flat for months, and we tried again this week. He allowed the police into the flat, but not me. My dilemma? I cannot get a statement from the PCSO. She is willing, but we have to go through Police HQ and as I am not a social landlord we may get refused.

What have others done in this situation?

Go to Court and get the judge to order the evidence be provided? This is all obviously going to be at my cost. If Boris is making it look like they are helping landlords with anti-social behaviour how are we expected to get to Court quickly when we can be caught up in police administration for weeks?

Secondly, after the s21 was served he went to a no win no fee solicitor and is trying to claim from me for disrepair. How can I do repairs if he will not allow access? He has refused access to my builder and roofer too.

My solicitor tells me that this nasty behaviour is usually settled out of Court when landlords pay them off?

How can this be? We are already battered by every piece of legislation out there. Nobody else would provide my tenants with a place to live and here I am in this ridiculous situation. I’m going to Court to fight this if I bankrupt my family in the process. I believe in justice and hope I am proved right.

Any comments gratefully received.

Barbara


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Comments

Smartermind

10:30 AM, 5th October 2020
About 3 weeks ago

Not sure you can report a private individual to the ICO for setting up CCTV, he will claim he put the CCTV up for security, which he is permitted to do.

You obviously need to keep written evidence of all your interactions and the tenants refusal to allow you access for repairs. Keep your interactions with him civil so you are not accused of breaching his right to quiet enjoyment.

Obviously your solicitor will be better placed to advise you on the legal aspects, but don't bankrupt your family for the sake of "justice". Even if you win, it will be a pyrrhic victory. If you can come to a financial settlement to get him out, do so, it may be better for your peace of mind and finances.

April

10:54 AM, 5th October 2020
About 3 weeks ago

I know how you feel Barbara but as Smartermind says, it will be a pyrrhic victory and your stress and the cost to you and your family isn't either. If you can't bear to negotiate with your tenant - I certainly couldn't - perhaps your solicitor might help?

Mike

12:24 PM, 5th October 2020
About 3 weeks ago

Barbra, if you can buy some Dummy Cameras, place them higher up, get a handy man to install them, where vandalism has taken place, covering all angles and corners, this may deter him from damaging your property, and of course these cameras got to look like real enough, so make sure some sort of cable is seen to leave the cameras and into a hole in a brick nearby. Some come with a flashing LED, which can run off a 9V internal battery for a couple of years. But the wire must be seen from it to make it look as though it is connected to a power source and it may or may not be wireless as far as the culprits are concerned. If someone asks for if you if they can have recording from you as an incident took place, you tell them that you are not allowed to share your videos with anyone due to Data Protection but you can only give it to a police., since they might be testing you whether your cameras are real, or fake.

NewYorkie

13:54 PM, 5th October 2020
About 3 weeks ago

I am so sorry for your situation. I know just how you feel because I have a similar problem. My tenant simply decided he didn't need to pay any rent from the start of lockdown, despite the fact he was working throughout and even claiming his SEIS. Apparently, I don't have to pay my mortgage so he doesn't need to pay his rent! He is taking advice and coming out with every excuse; mental health, covid... He is causing extreme anti-social behaviour in the block with loud parties, abuse of other tenants by his 'guests', the smell of cannabis entering other apartments, police in attendance... He has even allegedly 'stolen' a neighbour's wi-fi code and downloaded child porn (he is 'known' to the police but that didn't come up in his referencing!). One tenant has already been forced out and others fear for their and their young children's safety. £3000 in arrears and counting. I have even offered to clear his debt in full if he leaves voluntarily, but he won't and refuses to engage with me or my agent. But, guess what happened just before his 6 months' arrears date... he paid a month's rent! He's a scumbag! Normal arrears will probably not get him evicted until this time next year. Anti-social behaviour is our only hope!

Coastal

14:42 PM, 5th October 2020
About 3 weeks ago

It comes down to government policy as always. Out of touch polices that aren't fit for purpose, which allow tenants to live for free and without responsibility for anything!

Wini

15:00 PM, 5th October 2020
About 3 weeks ago

I had similar attitudes from tenants at the beginning g if lockdown
Not because they couldn’t pay but won’t pay as Boris says landlords could have a mortgages holiday if required ...if only
Well unless you want a CCJ you will continue paying your rent

Smartermind

17:43 PM, 5th October 2020
About 3 weeks ago

Reply to the comment left by Mike at 05/10/2020 - 12:24
I would be careful about putting up CCTV cameras, even dummy cameras. It could be construed as harassment and you interfering with the tenant's quiet enjoyment of the place. Plus as a business you will be required to register with the ICO.


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