Ask an Property Solicitor. Get an Answer ASAP.
The main thing I want to know is how we, the other landlords, can expedite the removal of this man from the block. And, what we can do to prevent him coming back (eg restraining order or similar)?
I realise my initial note was long but I thought I'd been clear that no, he isn't. The landlord of this tenant lives in NZ; he knows how dissatisfied the other landlords are with the slow action of removing him (all the time the tenant continues to menace the other tenants and destroy the property). He has supposedly instructed his letting agent to evict him.
Thank you. The situation all feels a bit desperate - for the landlords and tenants alike. It looks like this could be months that I will go without rent and this man will run riot. The tenants cannot go to the police as they do not trust nor feel protected by them. And the council are next to useless also.
The building does not have a management company in the sense that the freeholder has appointed one. The previous freeholder was unscrupulous (tried to charge each landlord £24k each to do work on the building that didn't need doing or had previously been done for 10% of the costs being quoted) and we applied for right to manage. There is a new freeholder (an unknown quantity on the integrity front) who so far has had nothing to do with the block. Ref our RTM (properly incorporated) - does that count as the managing agent in the sense that the RTM can serve (through a solicitor if necessary) notice about lease foreclosure? And to whom do we serve it? Presumably the landlord in NZ but do we do that via his letting agent (with a copy to them)?
I'm not sure if the tenant has been served a section 8 or a section 21 notice. I think the latter as we were told he was being served it months ago. We've been told it's expired and the landlord will go to court to have him evicted. How can we check this is in motion, since the letting agent won't divulge this information. Once a request for a eviction has been lodged with the court is it public record?
Finally, for the moment at least, I am thinking about seeing if I can have someone live in my flat, rent-free if necessary, to protect my property. Not sure if I'll get someone - but what are my options with regard to a rent/tenancy agreement to do this for a short period of time (ie until the other tenant has finally gone)? I don't want to be having trouble getting someone out myself! Yet I am fearful for the safeguarding of my property as this man will break in (and likely bring his mates in as he's done before). Thanks