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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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Hello, I am a Landlord of a Residential 3 bed Property. The

Resolved Question:

Hello,
I am a Landlord of a Residential 3 bed Property.
The Tenants owe me 4 months Rent. A section 21 notice was issued 3 weeks ago.
I recently visited the Property to deliver a Letter stating I would agree to them staying (cancel the section 21) if they agreed to pay a certain amount by a certain date (not the full amount due, about 30%).
Whilst at the front door explaining the Letter contents I noticed 3 Rats in the Driveway. I asked to inspect the rear Garden and was granted permission. The rear Garden was unkempt and I expressed my dismay that the Property was being neglected.
I have now been accused of harassment and shouting at the Tenant in front of her Daughter. I was annoyed but certainly did not shout. I am also accused of entering the property without giving 24 hours notice. I did not enter the Property itself but entered via the rear Garden Gate.
What are the best options for me to take now? Should I send a Letter explaining that I did not consider this harassment as I am entitled to inspect at short notice if I consider the situation to be an Emergency (this is stated in the Tenancy agreement).
I am essentially eager for these Tenants to leave as they are neglecting my Property and have huge Rent arrears.
Your advice would be most welcome.
Many thanks,

Tim Ashworth.
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question. My name is***** can answer this for you.

tdlawyer :

How many times have you been over to them recently, as harassment must be two or more occassions of a conduct that is harassment?

Customer:

I have visited them just once to deliver the Letter I mentioned (where I commented on the unkept state of the outside of the Property) I posted a further Letter to confirm that I will be enforcing the section 21 Notice, however this was just to post a Letter through the Door, no contact was made. The section 21 notice was delivered approx 3 weeks ago by recorded delivery.

tdlawyer :

Okay, I don't think you need to worry about anybody really considering this harassment. Technically, harassment is an offence the police can become involved with and first, always, they warn the would-be harasser. It's a useful sign that they haven't come over to speak with you, and I expect that even if the tenant reported it as harassment, one occassion like that is not going to be enough. If it were, most of the population would commit an offence every day in some shape or another!

tdlawyer :

However, you do need to be cautious.

tdlawyer :

If you persist in making visits etc., then it could be construed as harassment, especially since you've served a notice to get them out.

tdlawyer :

You don't want there to be a suggestion that you're harassing them with a view to forcing them to leave. That's a criminal offence.

tdlawyer :

Just continue with the possession procedure using the s.21, and that's the most sensible (and safest!) thing to do.

tdlawyer :

Issue court proceedings as soon as you're able, as this will help force them out, as if they need re-homing by the council, they might not be considered to be an urgent case until you do issue the claim.

tdlawyer :

Does this make sense, is there anything you would like to ask me about it?

Customer:

Hello Tony,

tdlawyer :

Hi

Customer:

What kind of proceedings do i need to take? How do I do this?

Customer:

The section 21 required them to leave the Property by the 5th August this year.

tdlawyer :

You lodge N5B at the county court and attach various documents, like the tenancu agreement and s.21 notice. There is a detailed guide here for you on how to do this: http://nhas.shelter.org.uk/docs/accelerated_possession_proceedings.pdf

Customer:

Are you suggesting I should go to court proceedings now even though there is 2 months until the eviction date specified on the section 21?

tdlawyer :

Oh no, you need to await the expiry of the notice first.

Customer:

Yes, ok. thanks. I think that's it for now. Thanks for you help. I feel a little better now! Very stressful situation!

tdlawyer :

I appreciate it can be! Good luck with it all! Can I just check you're happy with the service this evening please?

Customer:

Ok.

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