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Section 21 served, but locks changed

Started by armstrom69, February 28, 2012, 10:05:41 AM

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armstrom69

Hello all, I have had a very good tenant in my leasehold property for about 6-years. Last year he started being very erratic with rent payments. Finally, the managing agent told me at the end of last year that the tenant claimed to have applied to housing benefit. We were told this was approved, but no monies have arrived. He is not answering calls or letters. The managing agent went round to teh property yesterday (after giving written notice) to allow British Gas to perform the annual Landlord's Gas Safety Inspection. When he got there he found that the locks had also been changed. The date when teh Section 21 becomes effective is not until April. So my questions are:
1. is there any way of getting this character out of the property before then?
2. what happens with the Section 21 when it becomes active...how and who gets the tenant oit? Given that we don't have keys to the property anymore
3. I have informed the local council that I believe one of their residents is fraudulently claiming housing benefit (the managing agent recently told me that the name on teh claim is different to the tenant's name)
Any advice is gratefully received.

Jeremy

Hello Armstrong,

1 - Seeing how the clock is already ticking on the Section 21 notice, I think this is the soonest you will be able to end the tenancy.

2 - Can I suggest that posession of the keys is immaterial to whether you can get him out.  You are not legally entitled to re-enter the property and physically boot him out if he won't leave, so having keys that fit locks won't help at all.  If he won't leave you have to go to court.

3 - Thanks for doing your bit to prevent benefit fraud.  If this person is on benefits they may be acting under advice to be evicted only via court order to ensure they qualify for emergency homelessness housing via the council.  Sorry but this is probably news you don't want to hear.

Hope this helps.  Please let us know how you get on.

armstrom69

Quote from: Jeremy on February 29, 2012, 09:04:47 PM
Hello Armstrong,

1 - Seeing how the clock is already ticking on the Section 21 notice, I think this is the soonest you will be able to end the tenancy.

2 - Can I suggest that posession of the keys is immaterial to whether you can get him out.  You are not legally entitled to re-enter the property and physically boot him out if he won't leave, so having keys that fit locks won't help at all.  If he won't leave you have to go to court.

3 - Thanks for doing your bit to prevent benefit fraud.  If this person is on benefits they may be acting under advice to be evicted only via court order to ensure they qualify for emergency homelessness housing via the council.  Sorry but this is probably news you don't want to hear.

Hope this helps.  Please let us know how you get on.

Thanks very much for that Jeremy. I had considered that, although I didn't know that he could then get emergency housing. Seems that if you behave badly/irresponsibly, everyone is out there to help you...! It's also possible that he has taken the benefit money to buy a flight home (I think he's half-Spanish half-Brazilian) as the managing agent hasn't noticed any movement in the property at all, and he's just round the corner. As you say, there's nothing much to do but hold out to the 1st April which is when the Section 21 becomes effective. Thanks again.