landlord555 Posted February 25, 2012 Report Share Posted February 25, 2012 i rent out a house it has a garage attached to the property but the garage was not part of the rental the tenant was happy with that . whilst getting equipment from the garage i could clearly smell a very strong smell coming from the bedroom which was above the garage . having smelt this before i had very strong feeling cannabis was being grown . i called the police immediately as they arrived i entered the property to find the two large bedrooms had been turned into a cannabis farm . once the police and crime scene people had finished i couldn't believe the damage the tenant had caused . the next day i started repairs and redecoration in preparation for a new tenant . as thousands of pounds of damage and hundreds in unpaid bills were left behind i never thought for one moment I'd hear from him again. i changed the locks and started viewings for a new tenant . you can only imagine my shock when i opened a letter to find HE is suing ME for trespass and unlawful eviction . I'm devastated i really thought i was the victim in this case ..... did i do wrong ??? Link to comment Share on other sites More sharing options...
LLAW96 Posted February 25, 2012 Report Share Posted February 25, 2012 Well strictly speaking you do need an order for possession, and your grounds are in fact discretionary from the facts grounds 13 and 14 schedule II Housing Act 1988. Anything to do with supplying drugs is treated extremely harshly by the courts and no doubt you will get your order. Damages for unlawful eviction can be extremely high I will not set out the full heads of claim here however your main concern sould be a potential claim under s.27 Housing Act 1988. You really should seek professional advice in this matter as you need to mitigate your position as soon as possible and it would seem issue a claim for possession ASAP. Link to comment Share on other sites More sharing options...
Grampa Posted February 25, 2012 Report Share Posted February 25, 2012 Try http://www.painsmith.co.uk/Services They should be able to help Link to comment Share on other sites More sharing options...
landlord555 Posted February 25, 2012 Author Report Share Posted February 25, 2012 thanks for your advice . i will speak to someone first thing . i'm just really surprised by this turn of events , i asked the police when they were leaving what i should do and they told me to change the locks and not let him anywhere near the property ???? i also started to receive threats from the tenants father he was keen to meet me at the property i also reported that to the police again the police advised me not to let him anywhere near the property . i thought i was doing the right thing . bad times indeed . Link to comment Share on other sites More sharing options...
Mortitia Posted February 25, 2012 Report Share Posted February 25, 2012 Well look at it this way - tenant has gone against many conditions in the AST which must almost justify your actions. Ignore tenant's father - you have no contract with him. Refer him to the local constabulary and the electric supplier. Honestly, it is about time landlord/tenant law was reformed where this sort of thing is concerned. Mortitia Link to comment Share on other sites More sharing options...
Melboy Posted February 26, 2012 Report Share Posted February 26, 2012 My first response would be to inform the tenant that you did not enter the property first but it was the Police entering to confiscate the illegal cannabis plants so you should direct all your queries to the Police Officer in charge of entering the property. But yes this crazy Britain today where the criminal has precedence over the victim and I am not sure it will ever end until there is a major revolution in the UK. On a happier note I doubt if your tenant will have any success in taking you to court etc. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted February 26, 2012 Report Share Posted February 26, 2012 Well done, you deserve praise for your part in reducing this sort of activity. Nice points from Mel, where ever possible "it wasn't you". Is the property still a crime scene under investigation ? Have the Police "officially" released it back to your control ? We all have a duty to help the Police with their enquiries and are at risk if we obstruct. Maybe a 2nd class, recorded letter to the Police requesting status might show that as yet you have no choice here. As the T still legally has possession you should offer keys to the new locks but I would have thought this should only be when the Police have stated that they have no further need of exclusive access. I would be looking for ways to slow access for the T while going for legal possession at speed. It is sad that following a lawful path can be such a great disadvantage. BTW any claim by the git T should be offset by the your counter claim for your demonstrable losses, again it's unfortunate that your efforts have no value, they are free. Photos, receipts, reports will be needed. It wouldn't surprise me if the Courts gave the T consideration for the value of his lost produce Link to comment Share on other sites More sharing options...
landlord555 Posted February 26, 2012 Author Report Share Posted February 26, 2012 thanks everyone it's nice to have a bit of support . the tenant has been arrested but bailed and yes the police have finished at the property . i don't no if it makes a difference but he requested a three month tenancy (he said he'd had bad experiences in the past !!! ha ha ) which expired two days after this all happened . i'm guessing now he wasn't planning on hanging around !!! . I tried many times over the following days to contact the tenant to find out what was happening but he keep his phone off . so i just put it down to a lesson learnt and plodded on . i'm going to speak to someone tomorrow hopefully . it's got me so worried though , i'm not in the position to pay legal fees and fines . Link to comment Share on other sites More sharing options...
Carryon Regardless Posted February 27, 2012 Report Share Posted February 27, 2012 Seems like a good defence to me. For security you were advised to change the locks by Mr Plod. Knowledgeable to the fact that the T had / has legal possession you made good effort to contact the T to arrange access as 'may' have been desired. Or seek confirmation of what looked to be a surrender. Has the T actually requested access? Of course a good argument can be created for a claim but it's a good start Link to comment Share on other sites More sharing options...
LLAW96 Posted February 27, 2012 Report Share Posted February 27, 2012 Well depending on how confident you are you can proceed to issue your claim for possession without giving notice (usual requirement 2 weeks), make an application for an expedited hearing date (down from at least four weeks to about 7 days) and at the hearing ask for an order for possession forthwith. I know at least one member who has done this successfully albeit the facts being slightly different. The 3 month tenancy will not be of much use to you at this point in time, what did you actually grant him? The main fly in the ointment is that there has been no conviction as yet, so in relaity you will be relying on nuisance/damage to property. If you have not let him back then you need to do so ASAP, this should help mitigate your position vis a vis his statutory damages. You need to know how he is funding his solicitor, if it is by legal aid then you should make representations to the legal aid area office (you are allowed to do this) as the merits of his defence are at best poor. You also need to know whether it is under a legal aid certificate or legal help form. If it is via a conditional fee arrangement then negotiate the matter, his solicitor would not have entered into such an agreement (no win no fee) unless there was a strong chance of success. I very much doubt he is paying his solicitor from the facts, if he is, does he have the funds to push this matter? Probably not. Link to comment Share on other sites More sharing options...
Melboy Posted February 27, 2012 Report Share Posted February 27, 2012 If you have not let him back then you need to do so ASAP, this should help mitigate your position vis a vis his statutory damages. Your comment LAW suggest to me that this is just what is wrong with the stupid laws governing this Country. How can it ever be right to allow a Scumbag like this back into a property that has damage and criminalty running into thousands of pounds eh! I would happily go to jail for my rights as the innocent party should I ever come across something like this happening to me I can tell you. Mel. Link to comment Share on other sites More sharing options...
landlord555 Posted February 27, 2012 Author Report Share Posted February 27, 2012 yes the tenant has now requested access but we are not sure why . it was a furnished rental and he had very little in the way of personal items there in fact the police said it was unlikely he even resided there . the police have said they will send us a letter confirming we were instructed to change the locks to stop the tenant gaining access to the crime scene . they now are concerned he has something hidden at the property .... the nightmare continues ..... Link to comment Share on other sites More sharing options...
LLAW96 Posted February 27, 2012 Report Share Posted February 27, 2012 Hi Mel, I admire your approach as you would end up in prison and face a huge claim for damages but at least your principals would be intact. Solicitors have a field day with these types of claims. Without following due process you will bring nothing but a load of sleepless nights and a huge legal bill, but what would I know. If the police have not applied for a closing order and/or there is no order in place preventing the tenant from returning, you have little choice in the matter. He is still your tenant, he has a contract with you, there is no conviction and you have no order for possession. I know it stinks and is wrong but you need to look at the bigger picture and realise the can of worms you are opening. Seek legal advice. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted February 27, 2012 Report Share Posted February 27, 2012 L555 it seems your in a race. The slower you have written authorisation to 'free' the property for T use the better, the faster you can gain repossession the better. I don't see you can win that race. Mel, I'm definitely with you here - but knowing the 'negatives' we are under threat from due to our clumsily evolved legislations I would be very careful. LAW is careful not to explain the the threats in too much detail as such knowledge for the baddies is not good for us. It seems like Mr Poppyman already has some idea so let's hope Legal Aid isn't given, but if access is refused they have a strong case and probably enough equity in the property to claim their costs from. It'll justify some ones job. Poppyman needs scaring off. Link to comment Share on other sites More sharing options...
Melboy Posted February 27, 2012 Report Share Posted February 27, 2012 Hi Mel, I admire your approach as you would end up in prison and face a huge claim for damages but at least your principals would be intact. . That is exactly my point it is the criminal who should be locked up now for breaking the law not the innocent landlord who refuses to allow a Scumbag criminal back into his property after they have caused damage and ruin. If your telling me that this how modern British law is right now then the Country is well and truly doomed to total failure whereby the criminal has more judicial rights than the innocent person. The lunatics are running the asylum! Mel. Link to comment Share on other sites More sharing options...
LLAW96 Posted February 27, 2012 Report Share Posted February 27, 2012 I'm afraid Its the cornerstone of our judicial system, you are innocent until proven guilty. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted February 27, 2012 Report Share Posted February 27, 2012 It would be nice if our judicial system could place Mr Poppyman on remand until his guilt was 'proven'. Unfortunately he is out to cause more grief while they think of a new experiment to slap his wrist. It's a big debate this one but with little to lose guilt doesn't matter much anyway. With equity we can see our hard work taken by T's, the State (for some corrupt claimant), and there is still hard work ahead to repair damages. I'm not sure the State has a design that encourages hard work in the hope of personal progress any more. Link to comment Share on other sites More sharing options...
landlord555 Posted February 27, 2012 Author Report Share Posted February 27, 2012 I think the world has gone crazy . it's looking like i have to hand over keys i can't believe it . i have just completed the repairs and made the house a home again and now i have to just let him back . i no there has to be rules and regulations but there doesn't seem to be any rules to protect the people who just want to work hard and try to make a living . a section 21 notice gives him TWO MONTHS to do what he wants in there .... madness . Link to comment Share on other sites More sharing options...
LLAW96 Posted February 27, 2012 Report Share Posted February 27, 2012 I take it you have sought advice. The s.21 route will take at least 3-4 months to eviction (if you get it right) your other option is what I outlined above, but you would need a solicitor who was s hot in landlord and tenant law to go down this route or be prepared to push the matter through yourself, it can be done. Link to comment Share on other sites More sharing options...
Melboy Posted February 27, 2012 Report Share Posted February 27, 2012 I think the world has gone crazy . it's looking like i have to hand over keys i can't believe it . i have just completed the repairs and made the house a home again and now i have to just let him back . i no there has to be rules and regulations but there doesn't seem to be any rules to protect the people who just want to work hard and try to make a living . a section 21 notice gives him TWO MONTHS to do what he wants in there .... madness . Why not just stand your ground and say NO. Write to your MP. Get the local and National Papers involved with your story of injustice. For me it would be off to jail but there again I am prepared to stand by my principles of fairness. This is not fairness, in my opinion, when Scumbags rule over the innocent party and as for this Scumbag not being guilty how can that possibly be? Sure send him to Court to argue his innocence but in the meantime he has no right to your property whilst there is a court case pending. Mel. Link to comment Share on other sites More sharing options...
tinkerbell_ Posted February 27, 2012 Report Share Posted February 27, 2012 OH NO! im getting flashbacks! Link to comment Share on other sites More sharing options...
Richlist Posted February 27, 2012 Report Share Posted February 27, 2012 Perhaps landords can now begin to understand the reasoning behind Rent Guarantee Insurance and getting a home owning Guarantor. Presumably you didn't bother with either of these essentials ? In my opinion they shouldn't be considered as expensive optional extras. They would certainly help to dig you out of a big hole now. Link to comment Share on other sites More sharing options...
landlord555 Posted February 27, 2012 Author Report Share Posted February 27, 2012 his father was his guarantor the man who now says he's "going to make my life a misery" and "knows where we live" . the police have been round to warn him off !! .And Mel i agree with you i would happily stand by my principles but my wife is on maternity leave and i'm the only wage coming in . so things are tight . it looks like theres no quick answer no matter what . Link to comment Share on other sites More sharing options...
LLAW96 Posted February 27, 2012 Report Share Posted February 27, 2012 Tinkerbell, how much did it cost and how long did it take to get rid of your parasites? If you dont mind me asking. Link to comment Share on other sites More sharing options...
tinkerbell_ Posted February 28, 2012 Report Share Posted February 28, 2012 i would say around £700, i served notice beginning of Jan and got possession last week so around two months But i SUFFER still........ i would think landlord555 could get possession alot quicker because he would rely on ground 14? so he could apply straight away and not wait two weeks?? ... Link to comment Share on other sites More sharing options...
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