Hello my name is ***** ***** I will help you with this.
For now please let me know whether you have got a possession order at all?
No I gave him a section 21 last April he will not move,
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.
So you must get a Court order.
Once that is done they can be evicted.
You can't stop him going back to the flat because by law he is entitled to possession until there is a Court order
So you need to do that asaop.
Once you get the possession order then you can inform the Police and it would be criminal damage if he tried to re-enter
As it stands he has a lawful right to possession which you can only remove with a Court order
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
Can I clarify anything for you about this today please?
if I let him back to the flat he could wire the meter again this could cause a fire which could affect other tenants
Yes I agree.
But if you refuse he COULD sue you for an unlawful eviction
You can chose not to let him back, but you run that risk
I need to make you aware of that
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.
The tenant should contact you direct
if I don't let him in how much can he sue me.
Its hard to say really, the cost of renting somewhere else out, moving, fees etc.
You would have a counter claim for that
But thats assuming a Judge would even allow the claim given the damage.
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.
Yes he could put in for compensation, and yes you could put in a claim for damage
If he is on benefit then he would not be able to claim for additional rents
how much could he claim in compensation
Probably about £500
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.
Indeed, its a commercial decision. I can only warn you of the risks and what the law says you should do
If I were you I would no doubt be doing the same.
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.
Thank you, ***** ***** Year to you as well
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
If you need more help please click reply
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
Yes indeed, so why would he want to go there
can the tenant break into the property has he has not contacted me as yet
Yes because he does have a tenancy agreement. There is no Court order as yet.
But if he damages anything it would be criminal damage
Thank you very much
Is there anything else you need help with today?
can I print this out so that I can take it in more that what has been said
Yes once you rate the format changes so you can print the whole chat