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.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
Type Your Property Law Question Here...
Ash is online now

I am a freeholder (Lessor) on a property. The flat upstairs

This answer was rated:

I am a freeholder (Lessor) on a property. The flat upstairs belongs to the Lesse. The ceiling/ floor has collapsed between the two propertys and the occupant is refdusing to answer my calls or knocks at door.
In the lease agreement I can enter the property without permission after 7 days notice has been given.
Do I need to go through a court to get access or inform the police

Hello Deborah my name is ***** ***** I will help you with this.

Have you given 7 days notice please?
Was this in writing?

Customer: replied 1 year ago.
Notice was served on the 29th July, so 7 days expires 4th Aug 2016

Ok, so after 4th August you can. No you dont need to inform the Police or the Court. However I would just notify the Police to cover your back.

I would also make sure you have a witness there too, just to make sure you are not accused of doing anything improper.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
I will have to drill off his locks.
would this be consdiered criminal damage?

I would get a Locksmith around - that way its above board.

Does that clarify? Alex

Customer: replied 1 year ago.
My proposal is as follows
I would be doing it with my builder so we can estimate the cost of work to be done.
The bulider would drill off locks then I would make good the door and secure property with a padlock.
The lessor would then have to contact me to get the key to access his property

Yes, you would need to leave a notice on the door though, you cant just not say you have entered and leave without a key.

Does that clarify? Alex

Customer: replied 1 year ago.
I would be leaving full instrustions via post, via social media, and a notice stuck on the door.
I'm inclinded to contact his family also to let them know in advance that we are entering their Fathers property and to be aware of it
Customer: replied 1 year ago.
Also, if he refuses to pay the costs of repair. I would have to take him to court, The ultimate sanction is Forfeiture of Lease.
Is this a likely outcome into todays Courts or would there just be a charge on his property ?

Yes you could do that.

Does that clarify? Alex

Customer: replied 1 year ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Customer: replied 1 year ago.
I will
many thanks

Thanks Deborah. All the very best. Alex

Ash and other Property Law Specialists are ready to help you