Global-medic Posted February 24, 2008 Report Share Posted February 24, 2008 I have rented my previous home under a short hold assured tenancy for 12 months with a break clause at months. I served notice at months as the rent was not being paid on time and I feared the debt would accumulate. My fears became a reality because after countless reassurances of payment of overdue rent only minimal payments materialized. I avoided court action and relied on her good nature as I was not wanting to aggravate the Tennant. Following 18months with >£3500 overdue rent I arrived at the property following a tip off from the neighbor that stuff was being moved out. I asked for a her to hand over keys as she had changed locks without prior consent contrary to the lease and removed furnishings. As the door was open I entered the property and looked around, she never refused access but became threatening and abusive when I looked around. She ironically telephoned the police who mediated the situation. I agreed to leave and as she was in the process of moving she agreed to vacate the next day. I was advised to attend the following day with police presence to hand over the keys but she cleared out and seemingly left the premises with the key under a wheelie bin. I have regained access with a number of her possessions in the property, but minus a 3-piece suite. There is a significant amount of damage and missing inventory items I would like to claim damages and rent arrears in CC but would like to know if it could be construed that I entered unlawfully? Link to comment Share on other sites More sharing options...
GPEL Posted February 25, 2008 Report Share Posted February 25, 2008 Put your claim in (though don't expect to recover arrears even with an order) and see if she defends it. If it was me I would hope that she does as then you get a hook in to her new address and other personal details etc. Wouldn't worry about trespass as it's arguable in your favour. Link to comment Share on other sites More sharing options...
Global-medic Posted March 4, 2008 Author Report Share Posted March 4, 2008 I have since gained access to the property with minimal ease changing the locks and securing it. I am pursuing my case through the county court but I can see why sime landlords use more unconvential means to recoup their losses. I am tempted to go to the police to report items missing as stolen to ensure I have the correct forwarding address to support my claim. I realise now that the best vetting is your own intuition. Link to comment Share on other sites More sharing options...
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