How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69546
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My tenant is in more than 2 months rent arrears and had removed

Resolved Question:

My tenant is in more than 2 months rent arrears and had removed her possessions from the property, she had also given the keys to a neighbour. Is it safe to take possession of the property or is a section 8 notice still required? If so where should it be served as it is evident she is no longer there and she has not left a forward address. Also the council tax department confirmed she advised them she has left the property.
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
What type of contract is this please?
Customer: replied 8 months ago.
Assured short hold tenancy of 6 months
Expert:  Jo C. replied 8 months ago.
How much risk are you prepared to take?Do you need to get in imminently?
Customer: replied 8 months ago.
I do not wish to take the risk of being fined for unlawful possession.I am looking to sell the property and it has been left in a poor state so I would like to get in the next few weeks to make rectification works and subsequently put it on the market
Expert:  Jo C. replied 8 months ago.
The reality is that there is no way of regaining possession without an order without taking a risk. In this specific case, it is a fairly low risk but one exists. Bear in mind that all tenants have to do is go to the police and make an allegation. Even if it is entirely ridiculous they will still investigate and you will have to spend your days defending it. However, she has removed her goods and handed her keys over which is prima facie evidence of abandonment. You could also put an abandonment notice on the front door and take photographs of it. If the tenant doesn’t respond within a week then the chances are that, everything taken together, you probably would win. However, if you cannot take any risks at all then a S8 notice and a possession order is safer. Can I clarify anything for you? Jo
Customer: replied 8 months ago.
As it is a evident she has moved out and has handed over her keys so cannot get in would the notice still be served at the address? The tenant has not left her new address and is not replying to any contact requesting confirmation as to whether she has moved out and terminated the agreement
Expert:  Jo C. replied 8 months ago.
Yes, just serve it at the existing address. You are trying to protect yourself from a situation where the tenant turns up and pretends she was living there all along.I'm afraid people do lie to the police sometimes which explains the rape conviction rate.
Customer: replied 8 months ago.
Thanks, ***** ***** check- the tenancy is due to end in August. Is it likely to be quicker to give section 21 notice to regain the property in August or would submitting section 8 via PCOL be a swift process if there was no response from the tenant?
Expert:  Jo C. replied 8 months ago.
I think I would serve a S8 if they are two months in arrears.
Customer: replied 8 months ago.
Thanks. Sort one more question- as we believe she has lived out she will probably not respond to any notices or court dates. If she doesn't respond or attend court will the judge still be able to issue a possession order? And if a possession order is issued, as her belongings have been removed and she has already returned the keys can we just enter the property or are bailiffs still required- or some sort of confirmation from the tenant?
Customer: replied 8 months ago.
Thanks. Sorry one more question- as we believe she has moved out she will probably not respond to any notices or court dates. If she doesn't respond or attend court will the judge still be able to issue a possession order? And if a possession order is issued, as her belongings have been removed and she has already returned the keys can we just enter the property or are bailiffs still required- or some sort of confirmation from the tenant?
Expert:  Jo C. replied 8 months ago.
Oh yes, not responding doesn't avoid proceedings. In fact, it makes it easier.If you make the point that she has abandoned the property then you will get in even faster. I don't think there will be any problem with getting possession. It is just the delay.
Jo C., Barrister
Category: Law
Satisfied Customers: 69546
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice