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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70522
Experience:  Over 5 years in practice
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I am a landlord. i served a section 21 on a tenant on 1/10/15 the

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i am a landlord.
i served a section 21 on a tenant on 1/10/15
the same day there tenancy ran out
the tenant stopped paying rent on the same day.
i then went to the house on 1/12/15 to see if they had left. as it was christmas i allowed them to stay until january. they promised they would leave by the first of january. they still had not paid me rent.
As they had not contacted me i put a letter on the door and a notice of abandonement on 4th January stating that i would be entering the property today and changing locks. I also stated that i would put there property in storage for 1
i just had a call from a housing officer who saying that i have commited a criminal act. these tenants had not contacted me in over two months and today i went and changed the locks and i have commited a criminal offence. Can someone please advise me where i have gone wrong. i sent them five letters and stated that i would be coming into the property today. I did this two weeks ago
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What made you think they had abandoned the property?
Customer: replied 1 year ago.
Because of my conversations prior to talking to them in december leading to January the 1st. they were taking all my calls. there was no animosity even though they had been doing me wrong. so i left a message on their door asking them to leave by january the 18th on january the 4th giving them two weeks. they never called back or made any contact with me. so i cam there this nmorning and a lot of stuff had gone but stuff was still there. When on of the ladies came back to house after i had changed the locks
and then went to council
Expert:  Jo C. replied 1 year ago.
But when you attended to secure the abandonment notice, what was the evidence the property was abandoned?
Customer: replied 1 year ago.
the council man said he was from the criminal investigation unit band that i had illegally evicted the people when i had made all the attempts to speak with them even though they had not been paying rent
Expert:  Jo C. replied 1 year ago.
Yes, so what was the evidence that they were not there when you secured the abandonment notice?
Customer: replied 1 year ago.
on the 4th January of january i did not try to enter property. i knocked the door and had previously tried to call them. I looked through the window and a lot of there stuff wasnt there
Customer: replied 1 year ago.
so i left a notice saying that i was coming back in two weeks could someone please contact me as i will be changing locks today and putting any stuff left into storage
Expert:  Jo C. replied 1 year ago.
Was any of their stuff there?
Were did you leave the abandonment notice?
Customer: replied 1 year ago.
yes there was stuff therei posted the abandonment notice through the door. They have received the letter telling them that i was coming back today as the housing officer told me this on the phone and told me this would not be good enough
Customer: replied 1 year ago.
he told me that he would take the police there and kick the door down because i had evicted them illegally
Customer: replied 1 year ago.
did i need a notice of eviction
Customer: replied 1 year ago.
i though i followed the correct procedure ....what was the correct procedure?
Customer: replied 1 year ago.
it was only because they stopped communicating with me and had not paid for three months that i thought i was doing the correct thing
Expert:  Jo C. replied 1 year ago.
Thanks.
They are saying you committed an offence because this is an unlawful eviction I'm afraid.
Come what may, this isn't a proper abandonment notice. Their goods were there. That is not abandonment. They might have removed some items but there were items there.
Changing the locks is a classic unlawful eviction.
Whether they will prosecute it is another matter. They do not commonly these days. They may seek an injunction to get back in at your cost though.
If they do prosecute it then you could rely on the lack of communication but the fact remains that their goods were there.
Sorry but I can only give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Can they kick the door down with then police
Customer: replied 1 year ago.
with the police today
Expert:  Jo C. replied 1 year ago.
They could get force entry and sue you for the cost. The basic premise is that you should not have evicted them I'm afraid in this way and so they can regain entry.
Customer: replied 1 year ago.
what was the right wayi have done section 21i have not done section 8 even though they have not paid me for two monthsthey should have moved out on 1st of december 2015what do i need to do now so that i do not have any further delays. I have changed the locks back and said they can have access. Really because i have no leg to stand on as you are saying.what should i do from here on
Expert:  Jo C. replied 1 year ago.
If there was any evidence they were there then you should have sought a possession order from court relying on S8 on grounds 8, 10 and 11.I would not normally advice relying on an abandonment notice. They are always incredibly dangerous.
Customer: replied 1 year ago.
last question. can i still go for a possession order under section 21 which i have served or do i have to now apply for eviction order and then possession order.you know what position I am currently in and also what I am trying to achieve. Can you please advise in simple layman terms what do i do now.kind regards
Expert:  Jo C. replied 1 year ago.
You need to serve a S8 notice citing grounds 8, 10 and 11.
S21 just brings the agreement to an end at the end of the AST.
I'm happy to continue with this but please rate my answer.
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