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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have recently had to enter a rental property we own because

Resolved Question:

We have recently had to enter a rental property we own because of complaints the tenant had a cannabis farm.
We gave them 24 hours notice of our intention to enter as per the requirements of the tenancy agreement but had no response. We've been inside and found no evidence of anyone ever having lived there, instead we found a cannabis farm. We have crime ref. numbers etc.
We still have had no communication from the tenant.
Now we have regained possession of the property do we still have to apply for a section 21 Notice, even if they have clearly breached the tenancy agreement? I doubt the tenant will resurface but is it now down to them to apply to the courts to regain access? How soon under these circumstances can we re-let the property?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Yes. Otherwise it would be an unlawful eviction. If the tenant confirms they have given up the property then you are ok.
But otherwise you will need S,21/S.8 and a Court order if they dont.
Otherwise you could be prosecuted.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
All we have is a previous address and the current one. Where do we address the court order? and what happens if we have no response?
Expert:  Ash replied 1 year ago.
You use the last known address. You serve everything there and apply for possession.
Alex
Customer: replied 1 year ago.
How long does this normally take if we dont hear any response?
Expert:  Ash replied 1 year ago.
A couple of months. If he hasnt paid the rent you can do it on rent arrears and use accelerated possession.
Alex
Customer: replied 1 year ago.
And if we just decide to let the property before then all we are risking is them saying we unlawfully evicted them? Is the tenancy agreement not void as they breached it? Ultimately I just don't think they are going to re-surface.
Expert:  Ash replied 1 year ago.
Yes you risk that.
Does that help?
Alex
Customer: replied 1 year ago.
Is the tenancy agreement not void if they have been using it for illegal or immoral use?
Expert:  Ash replied 1 year ago.
No. You MUST MUST MUST get a Court order.
Alex
Customer: replied 1 year ago.
Ok, if you can just give me a brief outline of that process id be thankful.
Expert:  Ash replied 1 year ago.
1) Serve S.21/S.8 notice
2) If they dont leave then apply to Court for possession
3) Once possession is granted apply for bailiffs to evict.
Does that help?
Alex
Customer: replied 1 year ago.
ok thank you.
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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