How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 32222
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

I have a tenant 1 month no rent and 4 police visits for

This answer was rated:

I have a tenant 1 month no rent and 4 police visits for antisocial behaviour
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: Windhill shipley Leeds
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am sorry to read of the above. How may I assist in relation to the same please?

Customer: replied 14 days ago.
I want the guy out however going for possession order takes time of which I haven't got as I need to repay my loan on the property therefore my son is going to change the locks and yes I know it's not the right thing to do but the tenant then has to sue me and he's not capable of that!I cannot have my property damaged any more please advice

thank you. May I confirm following any of the police contacts with the tenant, the tenant has been:

• convicted of a serious offence (specified in Schedule 2A to the Housing Act 1985);

• found by a court to have breached a civil injunction;

• convicted for breaching a criminal behaviour order (CBO);

• convicted for breaching a noise abatement notice; or

• the tenant’s property has been closed for more than 48 hours under a closure order for anti-social behaviour?

Customer: replied 14 days ago.
Non of your answers apply he's a drunk znd takes drugs police came after my other tenant called them due to noise I know you cannot say for me to take matters into my own hands at least tell me what can happen to me if I evict him and change locks

unfortunately, that being the case, this does not constitute a mandatory grant for possession under section 8 which will leave you with the discretionary ground for possession under section 8 which based on experience and is likely to be a frustrating process as the courts will frequently give tenants at least one further opportunity under a discretionary ground which can result in significant delays.

If this is the case, if the fixed term of the tenancy has expired, you may be better off serving a section 21 notice and giving the tenant two months notice and then bringing accelerated possession proceedings in the County Court.

Otherwise, you could contemplate waiting for the tenant to fall behind further with rent if that is the case which will allow you to serve a section 8 notice on grounds eight, 10 and 11 for a mandatory possession order on the basis of eight weeks or more in rent arrears.

You will appreciate that I must comment that it would be an extremely bad idea to change the locks unilaterally without obtaining a court order as this will expose you to a claim by the tenant for relief against forfeiture allowing the tenant back into the property and also a civil claim for damages which can be significant for a breach of the protection against eviction act which can also be prosecuted as a criminal offence. In other words, unless you are lucky and the tenant takes no action in this respect, changing the locks could make matters significantly worse and ultimately get you no further forward in and of itself

Customer: replied 14 days ago.
Thank you I will go down the section 21

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 14 days ago.
Will do

I'm very glad the above was of some assistance

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.

Joshua and 2 other Law Specialists are ready to help you