Tenant never occupied the property?

by Readers Question

9:20 AM, 14th September 2016
About 5 years ago

Tenant never occupied the property?

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Tenant never occupied the property?

I signed up a tenant in January for six months so now periodic ‘but’ he’s never lived there and uses it for storage only! Empty

Problem, he stopped paying rent 3 months ago and I want him gone, but as he doesn’t occupy the flat are the legals just the same eg s21 or s8 notices?

Many thanks

Pete

Comments

Charles King - Barrister-At-Law

15:47 PM, 14th September 2016
About 5 years ago

Point taken Romain, but not a trespass such as to entitle the owner take advantage of trespassers' possession procedure under CPR Pt 55, which to my mind is the essence of trespass in practice. Squatting is a term virtually unknown to the law (save, I have just noticed, in the heading (but not the body of) section 144 of the infamous Legal Aid, Sentencing and Punishment of Offenders Act 2012 (chorus of boo's all round))

Romain Garcin

17:20 PM, 14th September 2016
About 5 years ago

Reply to the comment left by "Charles King - Barrister-At-Law" at "14/09/2016 - 15:47":

Indeed.
The point is that if they are trespasser and do not reside at the property then Pete could in principle legally simply change the locks though he would have to take care of the belongings at the property.

Jamie M

17:51 PM, 14th September 2016
About 5 years ago

Go into the property (you need to because a neighbour told you they could smell gas and you need to check asap) and see what he is storing there, if he's living there etc so you know if he's up to no good (take pics of what is going on there as evidence that no one lives there. Post a note on the front door saying you believe the property to be abandoned (put your contact number on this notice with a 14 day notice) and 14 days after doing and recording this, move in and change the locks and let the person know they have 14 days to remove their items by appointment.

daz cordon

11:02 AM, 15th September 2016
About 5 years ago

my first diy eviction
i have served s8 and started s21 accelerated process
can i cancel accelerated process as i have been told it is abuse of process will it be struck out and i will loose the fee or should i just let it run it;s course
s8 is being defended by the young tenants and a hearing has been set

Sharon Betton

12:15 PM, 15th September 2016
About 5 years ago

Who's told you that, Daz? I thought lots of landlords served both so that if the s.8 case is struck out, you can go for the section 21.
Sorry, no definitive answer to your questions, but wanted you to know that you are not on your own to have issued both.

daz cordon

12:22 PM, 15th September 2016
About 5 years ago

yes i know i can serve both
but both are active at court
apparently accelerated cannot be used with s8
only one at a time can be dealt with at one time
i am off to see my solicitor this afternoon
was just looking for a few possibilities

daz cordon

12:24 PM, 15th September 2016
About 5 years ago

just wondering if i can cancel accelerated process with court till s8 hearing is over next week

15:51 PM, 16th September 2016
About 5 years ago

What have the council done so far regarding Council Tax - have they pursued the tenant ?

Craig

Mandy Thomson

17:40 PM, 17th September 2016
About 5 years ago

Reply to the comment left by "daz cordon" at "15/09/2016 - 12:22":

While you can serve both S.8 and S.21 at the same time (though best served separately) you can't have court claims for both at the same time - you need to decide which is best to enforce on balance.

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