Mortitia Posted June 25, 2008 Report Share Posted June 25, 2008 I have a big problem. After an 18 month reasonably OK tenancy with me I told my tenant that he, his wife and child would have to move on. The tenancy ended in Feb and I told them this verbally in September backed up by a letter. By the time we got to Feb he was £2800 behind with the rent, very stroppy and refusing to leave, speak to anyone, or reply to my emails/letters. My solicitor issued a Section 21 and court action for reposession. I started a court action to recover the rent. The gas safety certificate had expired and as the flat is one in a block of 4 the buildings insurance was invalid (no gas cert) and 3 other households were at risk. The courts had lost the paperwork and I have letters of apology from them. The court order turned up 7 days later. Neighbours doubted if he was still in the flat so I with my brother and gas fitter went to find out. To cut a long story short the male tenant was in and a bit of pushing ensued. The police were called and we left still not getting the boiler looked at. He was asked if he wanted to make a complaint and he declined. He departed on his own 7 days later. His wife had left him some months before. Later he made complaints about the police dealing with the case and ouselves. We are now suspects and I am due to be interviewed under caution for entering my own flat. Surely trying to gain gas safety is a valid defence? Does anyone have any experience of this type of thing? Mortitia Link to comment Share on other sites More sharing options...
simonbaldry Posted June 25, 2008 Report Share Posted June 25, 2008 Did you deliver a notice to the tenant that you were visiting the property, for a gas saftey check? Link to comment Share on other sites More sharing options...
Mortitia Posted June 26, 2008 Author Report Share Posted June 26, 2008 Did you deliver a notice to the tenant that you were visiting the property, for a gas saftey check? No, which was where I went wrong. I tried to view the property in November and gave him a weeks notice of a visit. He then emailed me saying 'that was not enough notice, I had no right to enter and he would not allow any 'so called' inspection'. That was my and my agents last point of contact with him as he refused to communicate. I know that legally he was not allowed to reject my asking to inspect but how do you enforce it? Soon after that the landlord of the downstairs flat was called in by his tenants when water started coming in through the lounge ceiling. They did not have a very good relationship with my tenant. This landlord went up to see my tenant about the water. My tenant answered the door with the chain on shouting and waiving a fist of papers, no doubt from the court. He said he may have overwatered a plant in the lounge and would desist. That landlord immediately got on to me to get him out as he thought damage might be done and his tenants (2 ladies) were upset by his lifestyle of him coming in a 3 am and ordering takeway food to be delivered. I was still waiting for the reposession order at that time. We made the decision to go there the following Saturday at 11am hoping he would be out. He wasn't. My interview with the Gestapo is tomorrow! Mortitia Link to comment Share on other sites More sharing options...
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