Saz_ppp
0 Thanks
1 Posts
I have a property that is fully managed by an agent. The tenant hasn't paid rent since July. The tenancy is up at the beginning of December so we were hoping to issue a Section 21 in October for them to leave in December. However, the agent has advised that as the tenant is not responding to any form of contact and not acting in a way they would expect then they fully expect them to stay after the section 21 expires so advice a Section 8.
We are planning on starting proceedings to issue a Section 8 but have been told by a neighbour of the tenant that they don't believe the tenant is there any more. A few things that have come to light are that the tenant has been working (they told the agent they were not which is why they hadn't paid rent), the tenant has a dog (undisclosed) which is being left from 6am to 6pm and has been scratching within the property between these hours and, by the smell from the open door, has been allowed to use the flat as it's toilet.
In order to corroborate these claims we are going to need access. Would I be within my rights to request the agent to visit the property, giving the correct notice, in the guise of an interim inspection? If the tenant doesn't respond to my request, would I be within my rights to access the property with my key?
If the tenant has actually vacated the property and is just picking up post from the communal area (they did today) and this can be proven by inspection, would I still need to go to court or would this be classed as them surrendering the property to me and I can change the locks? (Wishful thinking I know)
I have been told by the neighbour to expect extensive re-decoration to be required so not only will I be trying to get the arrears paid via the courts, what would be the possibility of being awarded damages if this is the case.
I have tried to be nice to this person and was hoping they would just leave quietly in December but this doesn't seem like that is going to happen.
