Oh yes this still happens!

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Hi, just come across this pearler and thought I would share it with you and get your thoughts. I didn't believe that this still happened with all the information out there and to hand.

It would appear that a landlord has changed the locks on one of his currently tenanted properties. The tenant is in rent arrears. The tenants possessions are still in the property. The landlord has been actively talking to an agent about letting the property out. What the landlord is not aware of, apart from the glaringly obvious, is that the tenant is known to me, as I helped to evict him from another property a short while ago (legally, I might add). This tenant is clued up and could be called a serial rogue tenant. I have also found out that there is no written contract, which is presumably why the LL felt he could evict like this.

I am sure that at some stage I may be asked to assist the LL. My understanding is that there is a verbal contract with the handing over of keys etc. The LL has to give the tenant the new keys to avoid Illegal Eviction and then serve his notices. I'm guessing that if he took a deposit, he didn't secure it, so he'll have to give it back. I'm also guessing that the tenancy hasn't been running long and if he serves a S8 he'll get a real dressing down from the judge or get the case thrown out.

So what would you do? Set up a new tenancy and wait out 6 months then use a S21? Go for a S8? Pay him off? Or something else?

I can see Dave A banging his head on his desk as he reads this, I couldn't believe it, but there you are. So what do you think, what would you do to get out of this situation?

20/09/2014 10:42

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