tenants rights

Okay obviously have to be careful what i disclose due to data protection but i know nothing of civi law.

Tenant given 6 month contract, doesn't leave at the end of that contract...

Landlord serves (section 8 and 21) notice of eviction....

deadline passes and tenant still refusing to leave,

Obviously this needs to go to court to be ruled on by a judge but will take time....

However what i am hazy on is the tenants rights, its clear he doesnt live there, however majority of his stuff is still in the room for which he holds a key. Because he is not sleeping there majority of his time, doesn't that mean he cant claim to be a squatter (displaced person) and thus allow the landlord to change the locks???

Thought this the best place to ask as there is always someone that knows the answer...

Cheers

Fraser01

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[Spiderman]

Be very careful taking the above advice Fraser. Tho it sounds correct and legal on the face of it, it is so illegal its unreal. A court MUST approve an eviction and anything short of that is simply not on.
Even after a court has served evicition papers its not that straight forward, court appointed baliffs must attend and attempt to, without force or fuss, ensure the removal of the person.
If he refuses your buddies in blue must be called for it to be logged and then taken to court for an enforcment order to be made whereby a forceable eviction can take place. Normaly cops would also attend if their is a possibility of a breach of the peace taking place.

Under no circumstances should you change locks without court authority.

I know it sounds long winded but you can apply for accelerated eviction in certain cases. The law is their to protect the tenants against dodgy landlords and those that aint classed as dodgy are the ones who follow the letter of the law and the courts look upon thier behaviour very favourably.

Feel free to PM my btw Fraser, disclosing those facts to me may be acceplatble under the Data Protection Act as i am still a property consultant and you will be trated in confidence as a client. Even if i'm not charging you which i obviously wont be doing.

HTH.

stuff

Originally Posted by Ed

This is an illegal eviction. Do it and you will be prosecuted. Also you will have a damages claim, not just for ordinary damages but also for exemplary damages - ie punitive damages to teach you a lesson.

Do NOT do anything (a) without a court order for possession and (b) if the tenant doesn't go then get the bailiff to do the dirty work.

NEVER exercise a self help remedy, you could end up in prison. This includes changing the locks.

Incidentally, what has the Data Protection Act got to do with this?

Hmmm... On this basis, I'm going to remove my post, although its quoted above anyway.

Sorry... I was being drunk and hasty, I wouldn't want anyone to get in crap because of that. Feel free to insult me

[timwilky]

Why should tenants have rights?. What gives them the right to take the ****?.

A friend of mine rented his house furnished whilst he was working abroad and came back to find the place trashed. most furniture/fitting gone. and tennet done a bunk. when he complained about missing furniture/fittings he was told they had been reposessed. The house was now a credit risk etc.

When he went after the scumbag tenent he found the references were a put up. He had provided a proof of employment and it turns out the guy was sacked for theft within a month of moving in etc. No point dragging the scum through the court as it would cost more than could be recovered etc.

Personally Fraser, I would have a few chaps in dark clothing use a few big sticks to persuade him he wants to leave to town in a hurry. Could you not get some 70's style coppers to "find" something incriminating on him to get him removed from the property?

Originally Posted by Ed

Incidentally, what has the Data Protection Act got to do with this?

This is a criminal matter but the landlord is having serious problems with this tenant, obviously there are things that i cannot disclose. (could undermine any potential prosecution)