Advice required on removing tenant who called the police!

Hi L,

Unfortunately if ever there was a case where you are going to need professional help I think this is going to be one.

I would definitely recommend you contact Paul Shamplina and his team at Landlord Action who are industry leaders in tenant eviction and have often been on TV documentaries on the subject.

Please see Paul's memeber profile >> http://www.property118.com/member/?id=190

"I turned up at the address today hoping that she would have gone, I banged on the door and shouted her name time & time again, nothing so I let myself in."

As Neil says get some professional advice. I suspect the tenant will try to cause trouble about your entering the house uninvited. Given that you called her name out she almost certainly knew it was you but called the police to muddy the waters for you. I would be wary about this sort of person. If she knew it was you, it follows she lied to police about suspecting a burglar and wasted their time. Judge for yourself her character!

I recommend you do not contact her again except on professional advice or she will allege harassment and the judge may sympathise, especially if your "harassment" causes her to have another spell in hospital.

I would immediately issue a claim for Accelerated Possession using the original Section 21. Provided the details on it are correct, it has been served correctly and you have proof of delivery. Make sure that all the tenants that have been listed on any tenancy given to her are on the Section 21 and also the claim form. Names and addresses are spelt correctly. Dates are correct.
Given your dealings with her up to this point I'm going to assume she will dispute that she received the notice. If you try to evict using a Section 8 it is likely the CAB will step in and she may get full legal representation and issue a counterclaim, causing serious delays to proceedings.
Get her out using the Section 21 then issue a claim for arrears and any damages through the small claims court if you so wish.
Good luck, hope this has been of some help.

I don't think you need to head to Landlord Action as a first port of call, this site does tend to advertise him a little too much! There are many competent eviction specialists out there but there are some basics that need to be covered here.
As a landlord you do not have rights of access once a tenant is in place. You cannot let yourself in at will. As you were not arrested at the scene then the matter will not be going any further from the police perspective. However, as commented on above, it 'could' become an issue in terms of mitigation for defense.
If persons named on the AST have not surrendered their tenancy according to the AST then they are still deemed to be tenants. Therefore notices must bear the names of all parties involved. Ensure the basics are checked. Spell all names correctly as per the AST do not be tempted to abbreviate. Ensure your name and address are correct on both the AST and the notice.
Serve the notice by hand with a witness and best practice is to take photographs with date stamps on them to prove delivery. Ensure you have allowed time for "deemed service" in the service time on the notice so section 21 add a couple of days on to ensure the court won't rule against you for insufficient time. Always serve a copy of the AST, rent table, deposit certificates/PI docs with the notice.
I see mention of a council bond. Good luck with that one! not worth the paper they are written on. Not classed as a deposit as no monies have physically changed hands.
Commentators are correct in mentioning the worst named title in the history of law the 'accelerated procedure'. If you try an pursue the section 8 route it will complicate matters for re-homing them using the local authority. the councils tend to favor re-homing people who are evicted under the 'no-fault' basis. what is never mentioned is that authorities do have a duty to prevent homelessness and therefore cannot pick and choose their tenants unless they are a criminal nuisance.
Be prepared for an eviction that will last approximately 5 -6 months dependent on the court workload. Use PCOL for the online application. DO NOT mention the arrears as you are not experienced enough to carry that one off. no disrespect. Actually, forget the arrears the debt recovery system in this country is woeful, i use the euphemism of a "toothless tiger", sounds really scary but has no bite! CCJ not worth the paper they are written on, no body can force a person to pay so whats the point of spending further money to find out months down the line that you won't get the money back. My experience is about 5% of ALL debt recovery action results in a successful collection of monies. I'm sure bailiffs and other companies will counter that claim but of course they will, they want your business! You only have to listen to the radio to hear finance companies mentioning that they accept people with CCJ's!!!!
If you use an eviction specialist it will cost approx £1000+ if you do it yourself it will cost approximately £300 - £400. Note the court fees are due to increase imminently.
Don't worry too much about the " I didn't receive it" defense. It must be the most popular defense out there! as long as you can prove it was delivered TO THE PROPERTY, not the tenant, you will be fine.
Good Luck

Remember as the husband (or maybe ex by own) is still on the AST you can go after him for all the unpaid rent once you have got her out!

If I was you I would be on the phone to Landlord Action, rather then reading this comment. (Then use a high court enforcement officer, as they are quicker.)

Equally, the ex still on the J&S AST can serve you 1 month written notice and end it (as its now a periodic tenancy). At the expiry of this notice, you can go straight for possession if she fails to leave.

I would go and talk to him, mention the new resident boyfriend and that the ex is still jointly liable for her increasing debts.....notice might quickly follow.

wayne carson brilliantly put

But the "ex" will then have to double rent until the property is empty....

I'm Sorry Ian, you seem to miss the point about debt recovery. If the tenant has no assets or no money, is on low income or no income (benefits do not constitute earnings) then how do you expect ANY form of civil enforcement to achieve a successful result? No assets means no recovery Bailiffs do not have a power of entry as say a police officer does under common law, Pace act 1984 or Criminal Justice act yes i am an ex police officer. All a tenant has to do is ignore and not interact. How do you expect a bailiff to recover anything when confronted with this? Put yourself in their shoes, they are a commercial enterprise and will tire of a needless and non-profit making cause.

So with all of the free advice for tenants CAB/ Shelter/ debt management advising said tenants on their "rights" you are encouraging a landlord to spend money needlessly or frivolously. My advice for what it's worth based on 5 years experience running a company that assists in evictions/debt recovery and 10 years as a front line police officer alongside a law degree.

The interaction with the tenants invites claims of Harassment pursuant with the Protection from Harassment act 1997 S1. A criminal offence triable either way. Risky advice at best. Tenants love to spout the Harassment line, as if they are all movie stars getting papped every day!

As a landlord myself i have been in a similar position and my mantra is remove the tenants, move in better ones, worry about the monies later, you have 6 years after all to recover debt. Generally due to my opinions of the "justice" system in this country I tend to write off the debt, painful as that is, I cover myself with correct and adequate insurances both for the tenant and my property/tenancy. Since i have adopted this approach the loss are running at the lowest since entering the property investment market.

Oh, by the way site administrator can you change the text input to UK English and not American English, the running spell checker is doing my head in!

I am assuming that the "ex" is in employment.