10:22 AM, 18th May 2016, About 10 years ago 32
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My tenant is possibly going to prison soon for breaching his bail conditions. Will this allow for speedy re-possession of my property, or will I have to obtain a Court Order to gain re-possession?
He has already been served a Section 21 Notice to Quit which expired a couple of days ago. I’ve instructed a solicitor to obtain a Court Order to enforce the Section 21, although will this still be necessary if he gets arrested and held in custody?
He has also stopped paying rent and is over 2 months in arrears now.
If he does go to prison, and should I obtain a Court Order for re-possession, what am I able to do with his belongings which currently remain in the property?
All advice is greatly appreciated.
Many thanks
Marinus
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Gary Dully
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Member Since September 2013 - Comments: 534 - Articles: 2
3:02 AM, 21st May 2016, About 10 years ago
Reply to the comment left by “Paul Franklin” at “20/05/2016 – 09:48“:
Well I have read it.
I’m not very impressed as it won’t be long before this makes headlines, just like retaliatory eviction.
So what’s the prescribed format or layout to be?
Is it in the act of parliament? As the bill was mauled by the Lords 2 days before Royal Ascent and made headlines.
Where can the act be read?
I can’t find it by googling, I can find the items you and Mandy have left links to.( Thank you)
It looks like it’s to be.
Property Abandoned
1. Notice one given
2. 8 weeks to pass between notice one and final notice.
3. Final notice given, but at least 8 weeks unpaid rent is required before it’s valid,
At end of 2nd notice the tenancy is legally ended.
How long is the final notice period? 1 day, a year, 2 weeks?
To kill the process, the tenant must respond in writing to the landlord.
Tenancy can be reinstated by a county court if tenant can prove they had a valid reason for not responding in writing to the notices during the next 6 months.
Who thinks this crap up?
This is wide open for abuse by both parties.
Ingrid Bacsa
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Member Since May 2016 - Comments: 143
12:47 PM, 21st May 2016, About 10 years ago
Reply to the comment left by “Gary Dully” at “21/05/2016 – 03:02“:
My average tenants receiving such notices would also receive the daunting envelope demanding their increasing arrears – with the limited response time given by the utility companies. Believe me, they will not respond ever again . Debt has insured my previous defaulters have not returned.
Unless they are professional rent fraudsters they will be in debt with utilities too and far too busy and preoccupied trying to avoid past debts and pulling off survival somewhere new where they hope no-one can find them .
It works and no anti-landlord laws are broken.