how do i get court order to gain access

[heebs]

hello all

The neighbour to my rented property has reported to me that the guttering has been removed or fallen and the rain water is causing my brickwork damage.

I have asked the tenant several times to come and check and fix the problem as i need access to the garden to do it...despite being in on every appt..she never alows me in saying she is busy and come back the next day...this has gone on for over 2 months and now she has said not to ask her to come to the property.

How can I get a court order as I have never been in this position before..

I am taking her to the small claims court for arrears of £4800 if she doesnt respind to my letter by the 21 dec...once in court..could i also ask the judge for access to my property as per the contract...or do i have to go through a separate process to get a court order rather than money claim online.

sorry for the question..i am new to this situation and find the people on this site very helpful to us clueless and stressed out LL's

many thanks in advance

[Mortitia]

Hello Heebs,

Still battling on with this nasty one? Well, it is not long 'til the court date so I would hang on and ask the judge for access to the garden and tell of missed appointments, damage etc adding to your misery. - take photos of missing gutter and damage if poss and show at the court.

Surely any sensible judge would allow you access? I won't answer that one myself as I don't have very good experiences with the courts.

Failing that take a police person to the site as protection against your tenants violent behaviour as you only want to get into the garden with a roofer person for a legitimate repair.

Let us know result of court case but I bet they allow her to remain well into 2010 - I got caught out trying to evict once at Christmas. It was like being in a Dicken's novel.

Best of luck

Mortitia

[heebs]

Hi Mortitia..thanks for your reply...hope you are well.......i tried to get police help back in october...but they refused saying that it was a civil matter and there is no way i can get access regardless of what the contract says...they said the contract isnt worth the paper its written on and the law is on the tenants side!!!!!

The police said that i would have to get a court order.

However ...before i put off all LL going to the police...let me say that 2 of the officers i spoke to were more than willing to meet me at the property to help get acess...its only the night before i was to meet them that a customer service girl rang to tell me that it was a civil matter so nothing doing...however if you manage to only speak to helpful police officers without the admin getting invloved..then you might have more luck than me.

if anyone has any idea where i can go other than small claims court as my debt is more than 5k and small claims only allows upto 5k claims so where do i go if the tenant owes me 7k.?

any advice very welcome

[snorkerz]

if anyone has any idea where i can go other than small claims court as my debt is more than 5k and small claims only allows upto 5k claims so where do i go if the tenant owes me 7k.?

Hi, file the claim as you would for small claims, it will be allocated to the appropriate track by the court. Be aware though that the 'small claims track' is the only one that doesn't allow the other side to claim legal costs off you if you lose.

Alternatively, I presume you are trying to evict her down the s8 route? If so, the judge can award you your missing rent, and I don't believe there is a limit.