fire in property during 14 day possession period
I served a section 8 notice on my tennant and was successfull.On the 13th Feb 2012 They were given 14 days to move then we could instruct baliffs.However on Thursday the 16th that night there was a fire at the property.Fire engines were called and the property was badly damaged and is uninhabitable and an incident number was taken. I informed my insurance company and a loss adjuster contacted me and wants to see the property.[fIRE SERVICE REPORT STATES IT WAS AN ACCIDENT]
Now here's the problem.The tenant will not allow us access to the property.She has changed the locks. She is the only one named on the AST and the possession order was against her.She however does not even live there and has not since about November. She moved out and her father moved in she didnt inform us and didn't pay rent so we issued a section 8 against the named tenant on the AST [ie her]. She has always stated that she lives there even though we know her new address and she even claims HB from the new address.The father of the tenant who we eventually caught up with is refusing to let us have access.He apparently needs somewhere to keep his stuff.
My question is....Is there anyway legaly i can gain access. The only way to physically do it is to break in and change locks?Even though the named tenant is living somewhere else and will not be there when we enter[probably no one will be there.]
Is there anyway we can accelerate the baliffs because the house is uninhabitable.If we have to wait till monday and then instruct the baliffs and then have to wait till they come i fear the insurance company may take issue as the propert hasnt even had a window open since the fire.
I spoke to my solicitor and to be honest its a learning curve for her too. I think from now on i will get a solicitor who specialises in property.
Anyway i would appreciate any feedback or suggestions. I know this is quite a lot but i'm desperate because of the time factor.
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