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Sadly unless they have given you the keys back or notified you that they have left, you can't re-enter WITHOUT a Court order.
So once you get that bailiffs can enter for you.
You can't enter and reclaim unless they have handed the keys back or said they have left.
If they have left something there, unless they have given you a forwarding address you can dispose of it
Can I clarify anything for you about this today please?
Hi Alex why is that? Surely as they have notified the housing benefit people that they have left that is proof that they no longer live there? How is it possible that a tenant can move on to another property and claim benefit for that property and still have legal entitlement to mine and not pay the rent??The law does not appear to protect the landlord. Also when I receive notification of when they have to leave through the courts I then have to wait for the time to lapse before getting the bailiffs involved which could take a few months. All this and the tenants are no longer occupying my property?
No, because they could have notified HB but not left the property yet.
You can take possession but you run a risk that they can claim an unlawful eviction
Then you would be sued and taken to Court.
You are FAR safer waiting for a Court order.
But if you want to run the risk you can - but I am just warning you of the putfalls
You are not entitled to possession without a Court order
Otherwise its an unlawful eviction
I am sorry if this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest
I do understand this but what if there is proof that housing benefit is being paid to another property which they are now living in. Housing benefit have stated by letter that the tenant has told them that she is not occupying my house as her home as from the 1st December.
Its your risk.
If it was me I would get a Court order.
If this is the case the law is an ass.
But it may be they have left and you are fine
But how will I know?
But if they have not abandoned the property it would be an unlawful eviction and you could be prosecuted.
You don't - that is the problem
That is why I would wait until there was a Court order
I know this might seem as I am running around in circles I do understand you however if she has told housing benefit that she no longer occupies my house how can I be prosecuted for unlawful eviction?
Because they may not be telling the truth to HB.
They may NOT have actually moved out
This I do understand however if there is proof that housing benefit are paying her HB to another landlord then they cannot live in two places?
I agree. But you don't know whether they HAVE actually moved out.
That is the problem
Its your choice, you can risk entry, take possession - but what if they are still there?
But you are making an assumption they have moved out
You do not know for a fact
I suppose I can notify them and give them 24 hours notice to ask to come down and enter the property as an inspection as per their tenancy agreement?
You can yes.
But then if there is anything they have left, even if it is a bed or sofa, you have to assume they are still there and wait the Court order
Okay thank you it still baffles me that if there is proof they are claiming benefit on another property then they can still be living in mine?
But you are making an assumption, you dont know for a fact they have moved out
You mean they can live at mine and claim housing benefit on another property??????
But you do not know for a fact they have moved out.
They could be claiming HB yes. It could be fraud.
You dont know they have moved out
1) They have not told you
2) They have not given you the keys back
I dont think the fact they have told HB on its own is enough. You run the risk. But its a commercial decision for you.
If it were me, I would wait for a Court order.
But if you are confident 100% they have moved out then go and look.
Have an inspection just to be sure.
If they have moved then you can claim
Absolutely this I do understand there is definitely a loophole when it comes to the law and housing benefit. The morale of the story is never rent to scum housing benefit tenants! Will never do so again!! Many thanks to you I can see that my hand are tied until the court order. What if ask to go and inspect as is my right and they do not respond can I just go down and take a look?
Depends on what your tenancy says.
If it says you need their consent then you do.
If not then you can just go ahead and do it
Does that clarify?
When you say if they have moved I can claim? do not understand....
Ok - if they have moved out you can claim possession.
But you need to be 100% they have.
If there is anything left to suggest they have not 100% moved out then you can't
Okay many thanks I do understand this however not impressed with the law in this situation.
I agree, its unfair
If you become an MP you could try and change it!
Can I clarify anything else for you?
Well I might think about that!!!! Many thanks no there is nothing else I will proceed cautiously.......
Can I help with anything else today?
No thank you have been very informative sadly not the info I wanted to hear!!! Take care and thank you again.
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