Bailiffs application

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D
Dhami
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Good afternoon Dave

I have been talking to your colleagues on this matter; they have been helpful but only generally. I need specific penetrating advice.

We have a professional conman tenant - has done this before and no doubt will do it again. He started being difficult right from the beginning after paying first months rent. He appeared to have tampered with the internal smoke alarms. We believed he started a fire in the flat - the official reason being faulty fish tank/and possibly misuse of candles. The fire report did not directly comment on the internal smoke alarms but exonerated us landlords from any fault.

The tenant started the mantra of "we could have been killed and the landlord would have been liable for double manslaughter". By this time we had started Section 8 (rent arrears) proceedings and also issued S21 notice.

At Section 8 proceedings the judge initially proceeded to award us possession once the tenant accepted he was over two months arrears. Then his partner started ranting and raving that they could have been killed due to landlord negligence i.e. smoke alarms. The judge immediately started being sympathetic with her and refused to listened to me. Adjourned the hearing for later date.
We decided to pursue the matter via Section 21.Got the possession. The tenant applied for a hearing to have more time. More time was granted.

The tenants started moving out few days before the dead line. (our office is in the downstairs suite - we saw them move out also recorded on CCTV).I monitored the electric meter which showed lot of electric being used. I was certain they had moved out.

Gave written 24 hours statutory notice to check the flat. On inspection the written notice was still in the door. Took third party witness with me - an electrician, so that the smoke alarm could be checked. The flat was completely empty. I took pictures. The electrician briefly checked the smoke alarm - there was evidence of tampering. There was also a set of keys which I took. These are new apartments (only six months old), have special locks. Could not change the locks at the time as did not have one.

In the meantime the tenant phoned the police that we have been in the apartment without 24 hours notice and took set of keys. Next day went to change the locks. He was inside. He categorically stated he was not going to give up possession until the bailiffs arrive, that he intends to appeal against the bailiffs order and will fight physically against the removal.He is being malicious, stubborn, difficult, hostile, abusive etc. This has been the case for the last 8 months.

We have applied for bailiffs.

Right Dave...He has clearly moved out. The final date for him to move out was 14/10/15.Can he now appeal against the bailiffs order.If so on what possible ground? Could there be a time consuming hearing?

I think, in any case, he has clearly moved out and left keys (which he admitted to the police) thereby terminating the tenancy with mutual consent.

A detailed advice would be greatly appreciared



19/10/2015 17:11

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