Emergency Eviction??

Emergency Eviction??

15:33 PM, 10th June 2020, About 5 years ago 61

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Had a few issues with my current tenant (Mr X), but it has all kicked off tonight. The other tenant nextdoor tells me the Police have been called to flat as Mr X kicked off and threatening to kill himself after a drink and drugs combo mixed with existing meds he has to take for medical issues. Has just been arrested apparently under the Mental Heath Act (and after going for the woman PC) and taken away – I assume to a local secure facility.

The neighbour informs me before door to flat was slammed shut by Police it has been trashed with blood etc all over the carpet and syringes everywhere.

What do I do next? Assume an urgent call to the Council tomorrow to let them know the situation and the fact he clearly can’t return?

Can I change the locks now to stop him going back in but post something on the door to tell him I will grant him access to take his stuff if he contacts me??

Reluctant Landlord


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Chris @ Possession Friend

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12:17 PM, 22nd June 2020, About 5 years ago

Reply to the comment left by Beaver at 22/06/2020 - 11:50
Its not a bribe as your not asking the Tenant to do anything illegal. They are choosing to accept financial settlement for leaving in advance of a date they might otherwise have stayed until ( The Bailiff's kick them out )

Beaver

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12:40 PM, 22nd June 2020, About 5 years ago

Reply to the comment left by Possession Friend at 22/06/2020 - 12:17
So it's a financial inducement to give up rights that they have been granted in law [as opposed to any rights they might have ethically or morally].

Chris @ Possession Friend

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12:52 PM, 22nd June 2020, About 5 years ago

Reply to the comment left by Beaver at 22/06/2020 - 12:40
Customers and suppliers barter over monetary considerations for exchange of 'rights' everyday. Bribe is to get someone to act illegally. Its not illegal for a tenant to leave early in consideration of a payment. Also, I've read mention of it elsewhere in Government literature ( don't ask me for that reference at the mo. )

Beaver

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12:55 PM, 22nd June 2020, About 5 years ago

Reply to the comment left by Possession Friend at 22/06/2020 - 12:52
So if it's not illegal for a tenant to leave early in consideration of a payment, what records/recordings or evidence of the transaction would you need to keep?

Luke P

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13:16 PM, 22nd June 2020, About 5 years ago

Reply to the comment left by Beaver at 22/06/2020 - 12:55
Nothing more than a signed Deed of Surrender. The payment is immaterial.

jimhaliburton

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13:17 PM, 22nd June 2020, About 5 years ago

Agree with what possession friend has said the use of the word bribery I was not in a technical sense but as an inducement to leave and has done all the time thereby rewarding bad behaviour

Chris @ Possession Friend

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13:18 PM, 22nd June 2020, About 5 years ago

Reply to the comment left by Beaver at 22/06/2020 - 12:55Just brief receipt of the agreement, Tenant has received £ x in consideration of their termination of the tenancy " and any claim in regard to such "
I surrender the tenancy at, Time, on ( date )
( Be sure to include the later, - in quotes )
Recommend you have tenants signature witnessed which makes it a Deed of Surrender.

Beaver

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13:44 PM, 22nd June 2020, About 5 years ago

Reply to the comment left by Possession Friend at 22/06/2020 - 13:18
OK, that's helpful thanks. 🙂

The reason I ask is that a relative of mine rented a property out to a tenant who she subsequently had to go to court to get rid of when he wouldn't pay. The problem she had was not that she didn't have the confidence to go to court, but that once faced with eviction the tenant started lying about events. My relative only won in court because she was able to produce the evidence of what had actually happened and demonstrate that the tenant was lying.

People lie...tenants in difficulty lie. So knowing what documentation you need to cover yourself from an allegation that some big hairy bloke with gold teeth and tattoes turned up to offer you cash and "persuade" you to leave, even if it didn't actually happen, is important in a situation where the odds are stacked in favour of the tenant; because that's what the law does, it stacks the odds in favour of the tenant. Unless you know what process to follow and you follow it.

Reluctant Landlord

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14:59 PM, 22nd June 2020, About 5 years ago

Update....well I'm hoping that having now issued a S21 the team looking after the tenant sees I am taking this very seriously and want him out. I have also expressed the need that if they find him a more secure place (clearly for HIS own benefit), it will then free up the flat for another person who may well be better suited to independent living (who no doubt is costing them a fortune to house in emergency accommodation). Plus they will also have to answer a lot of questions if the tenant flips again bearing in mind his vulnerable position and the fact that dealers are preying on him. It is their obligation to get him into a place of safety. A case of i'll scratch your back you scratch mine. Worse case, they loose out completely as there are a plenty out there needing the flat once its free and I wont be taking their calls....

Reluctant Landlord

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15:02 PM, 22nd June 2020, About 5 years ago

Reply to the comment left by WP at 22/06/2020 - 14:59
I'm not going down the Deed of Surrender Route as the essence is that I am trying to say he is not suited to living on his own or understanding the implications of doing so. Even if he signs I will probably be accused of bullying him into it.

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