Using a court injunction to gain access for repairs?

Using a court injunction to gain access for repairs?

0:01 AM, 10th February 2025, About 5 days ago 6

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Hi, I’m having a terrible time with our tenant and we have issued a Section 21.  The tenant has been denying access to the house for some time hence S21.

They recently (after S21) contacted the letting agent (LA) to say there are many repairs to be done, including electrical.

The LA responded immediately, requesting access to assess the problems. However, the tenant has not responded to this or any subsequent attempts to arrange access.

We are now considering applying for a court injunction to gain access for the necessary repairs. Otherwise, it could be many months before a possession order is granted.

Has anyone gone through this process before? Any advice on how best to proceed in our approach?

Thank you,

Charlie

Editor’s Note: For help and advice about tenant eviction then contact Landlord Action below.

Contact Landlord Action

Specialists in tenant eviction and debt collection. Regulated by The Law Society.


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Dizzy

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9:56 AM, 10th February 2025, About 5 days ago

Hi,
I had a similar problem back in lockdown
The repairs the tenant highlighted were all caused by him and were a ruse to prevent me getting into the property.
Ask your neighbours if there has been additional footfall to the property.
The real reason he didn't want us in is that County Lines and Cannabis were involved.
Get an order asap.
Dizz

Clint

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10:14 AM, 10th February 2025, About 5 days ago

I think if you have applied for a S21 before the council have been involved and before they have served you a notice, your possession order should take no longer than it otherwise would.

I am assuming that the tenant only complained after the S21 was served. There is no court hearing with a S21 unless the tenant contests it.

If there is a court hearing, you can inform the judge that the tenant only complained about disrepair after you served the section S21 where the judge I believe will have to give you possession.

Craig Vaughan

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18:38 PM, 10th February 2025, About 5 days ago

The above poster is correct. Your S21 was served before the repairs were highlighted. The S21 is validif there is a court hearing for the S21, the repairs issue will be seen as retaliation.

To deal with the retaliation...check your contract...there will be a notice period for inspections (usually 24 hours).

Serve notice. Go to the address. Examine every reported defect that was relayed to the council and obtain time and dated video evidence that there are in fact no issues. This will assist greatly at court

Meanwhile while, check that all your S21 paperwork is in order, because your tenant WILL get free assistance and they WILL block the S21 of you did not:

Protect the deposit within 38 days.

Serve notice that you protected it, and the notice was served within 28 days

Gave a valid

Gas safety certificate

And

How to rent booklet

To the tenant prior to them moving in

(Or if you failed to do those two things, you did so prior to serving th S21)

There's a ton of literature on the web re the legal requirements for a S21...

So, serve notice for inspection.

If the tenant is out, have a witness with you and record from BEFORE you enter the property until you leave. And record all the alleged defects inside

Afte the inspection, send a report to the tenant, addressing each issue with photosand tell them video is available

That should stop the nonsense.

If there are any genuine repairs, that are reasonable, get them fixed URGENTLY..

Good luck. You'll need them. The system is a sick joke..and they're laughing at landlords...

Carlacarla

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20:25 PM, 13th February 2025, About 2 days ago

So, things have moved on. Tenant has posted on SM they are no longer living at my house.
I’ve spoke with the neighbours who say window are left open for days and the tenant pops back for mail.
Rent unpaid for two months now.

Can I reasonably access the house to make it secure?

Craig Vaughan

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20:32 PM, 13th February 2025, About 2 days ago

You have to show the house has been abandoned, which will end the tenancy.

Again, serve 24 hours notice so you can inspect.

They won't be there. Go in..with a witness. Video record. Establish the time and date
Look for obvious signs of abandonment...
No white goods, no bed, no clothes etc...

Be very careful..document everything...follow this guide...

https://www.lettingaproperty.com/landlord/blog/tenant-abandonment/

Craig Vaughan

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20:37 PM, 13th February 2025, About 2 days ago

You commit criminal offences of you get this wrong and are judged to have unlawfully evicted...

But video evidence, the social media post, the observations of neighbours and all the other checks listed in the article, give you your defence that you honestly believed they had ended the tenancy...

So record everything, visually and in writing. Keep an evidence file

Text them, email them, ask them if they have ended the tenancy...

Once you have sufficient evidence re abandonment, change the locks and relet...but you have to get it right before you take that step...

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