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Almost There With Possession

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cassa333 | 00:04 Sat 05th Aug 2017 | Law
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The possession hearing is next week. However I have been told by a neighbour that they have left and posted the keys through the letter box.

I am due tomorrow to go for an inspection. If they don't turn up (quite likely) and the keys are there does that constitute legal relinquishment of the property or do they have to tell me?

Thanks
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Even if the keys are there get all the locks changed as soon as you get in!
You do not know if they have had spare keys cut or who they may have given them to!
Question Author
I need to know if it is legal relinquishment of the house before I am allowed to change the locks.

I have a new lock ready but until I know for sure they have officially gone I'm now allowed to change them before they say they have left or the possession hearing says I can!!
Question Author
Thanks Chris.

So basically no.

I can wait till Thursday. Mind you I will email her when she doesn't turn up and ask what is going on.

The local gov housing officer has been dealing with the family and is copied in on all correspondence. So she won't be able to get away with too much .
Question Author
Well they didn't turn up for the inspection and a key was on the mat.

All the windows were open and the back door unlocked. So I locked everything up.

On the door mat was a gas and electric bill for 60 days worth in my name!! So I phone EMDF and changed it back to theirs. Cheeky ***.
there are a few things here
but you are almost THEEEEEERE !

it is abandonment and not relinquishment and you should use the proper word to a judge. No dont mention it as you havent gone thro an abandonment procedure which is a pain in the arriss to do. ..... sooooo
keep on course for the hearing

key on the mat - inside or outside ?
jesus they were taking risks - they are legally responsible until you get an order

yes you are allowed to enter to make the property safe and secure.....

I didnt want to do the utilities bit until you had possession
find out who supplies the utilities
and ring and write to say that you are now responsible for the consumption of gas elec water and council tax from ... well hearing date or 6thAug

how long were they tenants? you should have changed the utilities to their name within a week or so.

all four utilities are used to having landlords ringing about flitting tenants ....

we have covered most things in some detail
a few times

court hearing - most important to turn up and get the order. thenuse that to show the utilities that you arent responsible for the bills up to that date

two days
just suck your belly button in and pray


The local gov housing officer has been dealing with the family and is copied in on all correspondence

make sure you copy in the possession order
they have made themselves homeless

it is a pity you have been treated so badly but
what doesnt kill you makes you stronger

I only had one tenant leave a house open
( it faced onto a paved street )
his last message was 'I have rung my dad and he says ....'
and I replied - your dad doesnt want to pay any of the rent you owe me does he ? No I thought not
Question Author
All the utilities were changed to their name when they moved in. They had the cheek to change it to my name from 2nd June but I phoned EDF and got it changed back and told them the possession hearing was 11th. Hopefully because they have gone I should get the house back quickly. Mind you I fully expect the unexpected so who knows what will happen lol.

They think because they haven't told me their new address I don't know where they are. They have tried to get a neighbour to 'plant' the idea that they have moves to Southampton but I have seen their car outside their new place a mile away ;-)

If I get any of the money they owe it will be a miracle but they have been so underhand and made accusations that now I will make it as difficult for them as I possible can.
eek tomorrow
I thought it was today
just 24 h to go

remind the utilz they are NOT allowed to change into anothers name altho they can take a name off
( clearly they dont like that)
for anothers name they have to have anothers permit

( what the awful tenant said is - we are going do you want the landlords name ? and the util girl said "o yes please !")

you clearly need the possession order in order to sort out bills

o and good luck
// but I have seen their car outside their new place a mile away //

it was higher than a duty it had become a pleasure Oscar WIlde

you may feel the need to ring their new landlord ( it is only a matter of time) and ask why you werent contacted for a ref and offer to send the possession order

a tenant who has defaulted will default again ( knows how to do it and what to say)
Question Author
Well I'm back two days early from my holiday to go to court tomorrow and no court papers from the tenants.

If they are going to be "defending" (ha ha I know) do they have to give me a copy of what they intend to use in court?
Question Author
If I knew who their new landlord was I would definitely contact them.

As it is I don't. I have a big suspicion it is a private let so have no way of knowing who it is.
well good luck
turn up in time ( remember to pay the parking charge)
ask the clerk ( he wears a weird gownie thing) what to call the judge - I can never remember

and wait....
One time they had six cases and four judges and it was obvious since I was nt called that they werent gonna hear my case. - the judge testily made up a reason to postpone - and relist

the another time - they had a free for all - the council operatives were there to rehouse the evictees or to agree repayment plans so they werent evicted. all the cases were listed for 1400 which was a bit ominous.....and the first person to get called was the fir
st person to reach agreement on arrears.

the clerk o the court called out for those pairs ( plaintiff and defendant geddit) who had an agreement - and this was rubberstamped by the district judge

I then realised that I had to say I had agreement or I wouldnt get a look in - and this is where you say Cassa that you have been given possession and all your want is a possession order to make it legal ( and in court some arrears please)

another time a tenant in arrears had alleged that I had been overpaid ( er excuse me when he as in arrears ) and then didnt turn up but I had all the paperwork to show I hadnt - I accused him in his absence of fraud just for good measure

and good luck - the first time is a bit daunting
but just suck your belly button in and make a go of it .....

( thinking - - - if I dont do this I will lose lots and lots more money....)
if they are a no show
remember to ask for court costs as a result of unreasonable behaviour ( theirs not yours)
They may bung in an extra £100
Question Author
I won but don't gain possession until 25th August and they have to pay rent owed by then as well.

They sure as eggs is eggs won't pay it so back to get enforcement on that later.

Of course they didn't turn up so that made it a lot easier and I had lots of corroborating evidence so there was not much else he could say really.
Question Author
Thank you for all your wise words. I just wish I had had the guts to listen to them earlier.
excellent well done
see how easy it all was !

take possession anyway as you have been forced to secure the house ( they left it open)

make sure you make copies of the court order

( I have had a look back at mine - the one who left the keys they didnt order possession just a money claim)

no one is gonna challenge your title between now and 25th. They didnt leave anything did they ?

No one comes back if they havent left a forwarding address.

You may wish to date the date where you are responsible for the utilities from the date given in the order

You're there well done !
I bet you want to clear the place up and re-let !

Just to say, glad you have it more or less sorted Cassa - what a relief.
Question Author
The only thing I did wrong when talking to the judge was get the amount they owe wrong. When I wrote to the court withthe evidence it was 5months but by the time of today it was six months but when he asked I said 5 months. Never mind. They won't be able to pay the 5 months let alone 6 so they will threaten to go bankrupt again.

I have been told they can't go bankrupt because it is below £10,000 and they work and have no assets. Don't know how true that is but whatever happens we have the property back.

They left some broken things such as a printer and Hoover (a lot of dirt) and small minor items that they probably couldn't fit in the bin.
>>> I have been told they can't go bankrupt because it is below £10,000

Wrong. Another person can't make someone bankrupt if the amount owed is less than £5000. There's no minimum for someone to declare themselves bankrupt. (However it costs £680 to do so, so people aren't going to do it for a few pounds).


>>> If I knew who their new landlord was I would definitely contact them

If you can find out their new address you can then find out who owns that property by paying £3 for a copy of the title register here:
https://eservices.landregistry.gov.uk/wps/portal/Property_Search

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