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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice.
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i am a landlord , at present i have a difficult tenant. I have

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i am a landlord , at present i have a difficult tenant. I have given her a notice to quit and thr tenancy agreement states i can gain access to the property within 24 hours.I believe the tenant is damaging the property and she is now refusing me entry . If i put hthe key in the door and check the property out . is it illegal and is it an arrestable offence ?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I presume you don't have a possession order?
Customer: replied 3 years ago.


no i have just given her her notice to quit about one month ago.

Expert:  Remus2004 replied 3 years ago.
Thanks.

Obviously you cannot evict her without committing a criminal offence unless you get a court order.

However, you are entitled to inspect. You do need to give her reasonable notice and I would suggest 48 hours actually rather than 24. If its not a convenient time then you do need to make alternative appointments with her. However, in the end, you can gain access lawfully whether she likes it or not.

Even if you do gain entry without her agreement that may amount to trespass or even harassment but its not a criminal offence unless, of course, she tries to argue that while you were there you tried to evict which is an allegation to which you would be vulnerable.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

thank you for the answer ,if she refuses me entry and i do enter the property. is it an arrestable offence?

Expert:  Remus2004 replied 3 years ago.
No, but it is a civil wrong potentially.

Also, she will make allegations that you are trying to evict her and that is an arrestable offence.

Do not expose yourself to the risk. Some prosecution witnesses do lie sometimes.
Customer: replied 3 years ago.


finally, if refused entry could i gain access and check the property by getting in touch with the police

Expert:  Remus2004 replied 3 years ago.
No. Its a civil matter. The police will not become involved.
Customer: replied 3 years ago.

could i use this instance,in a section 21 to quicken eviction?

Expert:  Remus2004 replied 3 years ago.
No, but you could serve a S8 notice in reliance on grounds 13 or 15 as is appropriate on the basis that damage is being caused either to the property or the furniture. You will have to have evidence of that.
Customer: replied 3 years ago.

could i pass on costs of damage to the tenant along with court costs?

Expert:  Remus2004 replied 3 years ago.
You could deduct it from the deposit.

If that is not sufficient then you would have to sue at the small claims court.
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