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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a landlord my tenants has caused lots of anti social behaviour,

Resolved Question:

I am a landlord my tenants has caused lots of anti social behaviour, since he has been in the property he has unlawfully wired the electric meter ( which is private) to get free electric, this he has done a couple of time the last time he done it had I not entered the flat because of the smell of burning the whole house would have gone up in flames, he was away at the time. I have reported the incident to the police they are charging him and he goes to court in a few weeks. SEB are involved I changed the locks and turned all the electric off the tenant has not contacted me yet although he has been to the police station, can I prevent him going back into the flat due to my insurance might not be valid in this situation, and that he could have took a life very serious
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you have got a possession order at all?

Customer:

No I gave him a section 21 last April he will not move,

Alex Watts :

Ok. You need a possession order before you can lawfully evict. Even if they have done this damage otherwise you can be sued for an unlawful eviction. I know its unfair but that is the law.

Alex Watts :

So you must get a Court order.

Alex Watts :

Once that is done they can be evicted.

Alex Watts :

You can't stop him going back to the flat because by law he is entitled to possession until there is a Court order

Alex Watts :

So you need to do that asaop.

Alex Watts :

Once you get the possession order then you can inform the Police and it would be criminal damage if he tried to re-enter

Alex Watts :

As it stands he has a lawful right to possession which you can only remove with a Court order

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

if I let him back to the flat he could wire the meter again this could cause a fire which could affect other tenants

Alex Watts :

Yes I agree.

Alex Watts :

But if you refuse he COULD sue you for an unlawful eviction

Alex Watts :

You can chose not to let him back, but you run that risk

Alex Watts :

I need to make you aware of that

Customer:

the mains electric is off at the moment, and will be until it is checked. if he goes back he to his flat he will be without electric the seb are calling me Monday to arrange them to check the electric to make sure it is safe. does the tenant have to contact me to let him in, or do I to contact him.

Alex Watts :

The tenant should contact you direct

Customer:

if I don't let him in how much can he sue me.

Alex Watts :

Its hard to say really, the cost of renting somewhere else out, moving, fees etc.

Alex Watts :

You would have a counter claim for that

Alex Watts :

But thats assuming a Judge would even allow the claim given the damage.

Customer:

what you are saying is that he can sue me for renting another place although he is on benefits, and moving fees, what about compensation if he put in for it. I could claim for the damage to the flat.

Alex Watts :

Yes he could put in for compensation, and yes you could put in a claim for damage

Alex Watts :

If he is on benefit then he would not be able to claim for additional rents

Customer:

how much could he claim in compensation

Alex Watts :

Probably about £500

Customer:

Alex I have to weigh up him going back to the flat he could cause a fire which could cost some one their life also the house which the insurance would not pay or keeping him out and let him claim compensation. I have secured the building at the moment can he break in the main door.

Alex Watts :

Indeed, its a commercial decision. I can only warn you of the risks and what the law says you should do

Alex Watts :

If I were you I would no doubt be doing the same.

Customer:

Thank you very much for your help I will now consider all the information you have given me.Hop you have a nice new year.

Alex Watts :

Thank you, ***** ***** Year to you as well

Alex Watts :

If this does answer your question can I ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

the electric is off now at the mains until the seb investigate and see if it is safe so he will be without electric if he does get into the flat

Alex Watts :

Yes indeed, so why would he want to go there

Customer:

can the tenant break into the property has he has not contacted me as yet

Alex Watts :

Yes because he does have a tenancy agreement. There is no Court order as yet.

Alex Watts :

But if he damages anything it would be criminal damage

Customer:

Thank you very much

Alex Watts :

Is there anything else you need help with today?

Customer:

can I print this out so that I can take it in more that what has been said

Alex Watts :

Yes once you rate the format changes so you can print the whole chat

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