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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi again, I have a few more questions regarding this and look

Customer Question

Hi again, I have a few more questions regarding this and look forward to hearing from you.

1. Following your previous answer, I have now submitted a possession on line claim to the court to get my tenant evicted and to obtain a judgement for the arrears and costs. I have been given a court date of 3rd April. The on line process seems potentially much simpler, with none of the forms required that would have been needed had I done it in paper form (No N5, N119 or copy of the tenancy agreement etc. ....and cheaper at £100). What I am not sure about is whether I have to do anything further, e.g. issue any other forms or letters or provide any further information to the court or the tenant before the hearing. Any information you can give me on this would be much appreciated.

2. Irrespective of the above, the tenant has told me he would move out on several occasions, but hasn't done so. I have also tried to arrange an inspection visit with appropriate notice on several occasions but excuses not to do it have always been made. Last week I advised the tenant again that I wished to inspect and asked him to give me any day or time within the next 7 days to suit him, but again I have had no reply. Given the rent arrears situation (now 3 months and another due on 23/3), the upcoming court hearing and the fact that I haven't been able to inspect, I am concerned about the state of the property and the fixtures and furnishings etc. What I would like to know is whether I can now give a particular date or dates and times and if I cannot get a response, can I enter the premises if there is no one in at the time so I can inspect it. I have a set of keys for emergency etc purposes. Again any advice on this would be much appreciated.

I have a couple of follow on questions, but I think it would be better to let you have those once the ones above have been answered.

Many thanks, XXXXX XXXXX
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

I am not sure what you mean, you have already sought possession through the Court?

Alex Watts :

Why dont you wait until the court date please?

Customer:

As I said in my message I have submitted a possession on line claim and received a date for the hearing. I am going to wait for the court hearing about the possession and the arrears etc, but given I have submitted the claim on line wanted to know if there was anything else I needed to issue or do before the court hearing (i.e issue anything else to court or tenant). Also my question about whether I can inspection the property is a separate matter to the court hearing as I said. Maybe you can come back to me on both the points I mentioned.Thanks, Chris

Customer: I'm not sure whether you have my last note or not. I look forward to receiving your reply. If anything is not clear, please let me know. Many thanks, Chris
Alex Watts :

There is nothing else you need to do save for take to Court an up to date rent account.

Alex Watts :

You can inspect the property if your agreement allows for this, which I assume it does.

Alex Watts :

So nothing else to do and yes to inspect.

Alex Watts :

Can I clarify anything for you about this today please?

Ash and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Alex,


 


Sorry, just one more thing on the inspection. The tenancy agreement says the tenant must allow me access at any reasonable time and I may enter to inspect as long as I give 24 hours notice. But it also says I can only enter if the tenant consents unless it is an emergency.


 


I have tried to get permission on several occasions but failed so far. I have now told the tenant I will inspect on Tuesday at 11 am and will let myself in with my keys if he is not there. Am I ok to do that? and what if he comes back to me before then and says no as it would seem he would be breaching the tenancy agreement based on what I've said above, but I would as well if he hasn't given me permission??? Maybe you can let me know. Thank you, Chris

Expert:  Ash replied 3 years ago.
You can't let yourself in no.

You must need the tenants permission unless its an emergency.

I am sorry.

Alex

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