Tenant Sent to Jail

by Readers Question

17:14 PM, 3rd March 2014
About 7 years ago

Tenant Sent to Jail

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Tenant Sent to Jail

Hi All

Have just followed a thread from a few years ago about an “abandonment notice”. I found out last week that one of my tenants has been sent to jail for two months. He is a tenant in receipt of housing benefit. The council have suggested that I put an abandonment notice on his door, stating that if he doesn’t return within a week of the notice (which he obviously won’t!), then I am within my right to change the locks and store his belongings for his collection.

I certainly don’t take what the council tell me as gospel and the article I’ve read proves why I shouldn’t!

Anyway, I’m just looking to find out what can be done in this situation as the tenant has been particularly problematic from the start of his tenancy only seven weeks ago and I thought this could be a good way to get rid of him.

I also haven’t received any rent from him! Tenant Sent to jail

All advice appreciated.

Thanks

Natasha

Comments

andrew townshend

18:17 PM, 4th March 2014
About 7 years ago

Reply to the comment left by "sharon underwood" at "04/03/2014 - 10:56":

sharon, at the end of the day 'the law is an ass' and weighted in favor of the tenant at every turn, i have long since lost any respect for either the police or the courts, but that's how it is , we just have to live with it.

Romain Garcin

20:08 PM, 4th March 2014
About 7 years ago

Reply to the comment left by "sharon underwood" at "04/03/2014 - 10:56":

Sharon, if you got that contract from a reputable source, the clause you mention is probably a standard forfeiture clause and proviso for re-entry.

This is a clause that cannot be taken at face value because of the significant statutory overlay on the issue.

For anything related to eviction, I think that for anything outside the standard s.21 and s.8 routes, and even for these in case of any doubt, the only advice has to be to do nothing until you have got legal advice.

andrew townshend

8:18 AM, 5th March 2014
About 7 years ago

Reply to the comment left by "Romain " at "04/03/2014 - 20:08":

i agree, s21 court fee £ 150 and not difficult to do yourself so long as you read it and think about it, if you are member of a decent l/l assoc they will check it for you, mine did and it all went through no problem. NEVER NEVER take advice from anyone from council they will lead you right the garden path , then leave you high and dry, after all why do they work for council- only because they are incapable of working for them selves

Industry Observer

8:41 AM, 5th March 2014
About 7 years ago

Must admit I thought standard Court Fee for submitting a summons was now £175 and the bailiff enforcement fee £105 can anyone who has paid either of these two fees this calendar year please confirm?

In terms of DiY in Court or via APP I would exercise great caution.

If you are in Court acting for yourself you'd better either be very well informed on property Law, or hope the other side don't defend with a knowledgeable advocate.

If going the APP route you must have all your paperwork 100% correct and submit it all at the first go and above all be squeaky clean on your TDP position as the relevant certificate of proof will be needed. If lucky though not proof of PI service.

Odds are you will be called into Chambers anyway for a hearing if the tenant does the sensible thing on receipt of Court papers and files a defence. Why not - as with ADR it costs them nothing to do so.

HMOLandlady

11:24 AM, 5th March 2014
About 7 years ago

From my experience, I understand that the LHA is paid for up to four months whilst a tenant is in prison. It is up to him to get the prison welfare officer to contact the council and for you to ask for direct payments so at least you're getting some money in.

Any S21 notice or any other official documentation must be sent to the tenant via the Prison Governor and he/she is technically responsible for the prisoner. It isn't really abandonment as I guess he left most of his stuff there unless, of course, he turned up to sentencing with his suitcase.

Are there any of his next of kin you can enlist to help? I contacted the tenant's parents who acted as liaison between him and me and I took him back after his term. He became a reformed character and vowed never to end up back there!

Mark Alexander

19:04 PM, 5th March 2014
About 7 years ago

Reply to the comment left by "HMOLandlady " at "05/03/2014 - 11:24":

Welcome back to Property118 🙂

We've not heard from you for ages.
.

Natasha Chambers

21:50 PM, 5th March 2014
About 7 years ago

Reply to the comment left by "HMOLandlady " at "05/03/2014 - 11:24":

I do have his aunt's telephone number which is where he moved from, so I'll give her a call. I get direct payments for my tenants anyway, so I'll just make sure that they continue and find out for how long?

andrew townshend

21:58 PM, 5th March 2014
About 7 years ago

Reply to the comment left by "Industry Observer " at "05/03/2014 - 08:41":

section 21 is a £150 fee, no court appearance , all written/post -simple!

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