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Jo C.
Jo C., Barrister
Category: UK Property Law
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Experience:  Over 5 years in practice.
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I got appointment with the baillffs on the 20/06/2013, I just

Resolved Question:

I got appointment with the baillffs on the 20/06/2013, I just received a email from my tenant saying,

I moved out officially today 16th june 2013 I moved all the furniture out yesterday, and went back today to get last few bags and tidy up. There has been a break in through the back bedroom window, the police have been round and taken finger prints and other evidence over the last 4 hours the crime reference number is(NNN) NNN-NNNN they said to forward on to you, and I have also given them your details. I cleaned up the glass and have taped cardboard boxes on the inside and outside of window. I have also left the door key in an envelope after locking the door and pushing back through the letter box. The police will be in touch with you.

Is ok if I go in my property today or do I have to wait for the baillffs?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX X will try to help with this.

That is certainly a strong argument in favour of abandonment. I cannot think of a clearer instance of abandonment than a case where your tenant emails and tells you they have abandoned.

As long as you keep the email you would be able to prove that the property was abandoned and so you were entitled to gain entry

Can I help further?
Customer: replied 1 year ago.

So is it ok if I entry my property today?

Expert:  Jo C. replied 1 year ago.
Well, nobody can ever give you guarantees but you would certainly have the strongest defence that I've ever seen on the basis of that email.
Customer: replied 1 year ago.

Tenant partner or family broke windows and left. They smashed my front door in May 2012 and also knocked down my front garden wall 4 weeks ago. Can I take the tenant to court for the window? The door will come out of her deposit. The walls if got witness can speak at court.


 


Is it safe for me to go in today?

Expert:  Jo C. replied 1 year ago.
Well, nobody can ever give you guarantees but you would certainly have the strongest defence that I've ever seen on the basis of that email as I said above.
Customer: replied 1 year ago.

If I go in property now today, can I cancel the baillffs appointment on 20/06/2013?

Expert:  Jo C. replied 1 year ago.
Yes, you should be able to. Obviously that is down to the bailiffs.
Customer: replied 1 year ago.

Thank you. Tenant must throw the brick in windows

Expert:  Jo C. replied 1 year ago.
Well, if they do that you would have a claim against them obviously.

Customer: replied 1 year ago.

The tenant report the damaged to the and Police told me that it was her partner who damaged the window and the door and cause the walls. her deposit money is not enough. The Police has arrest him and the Police will take him to court. Who going to pay for the damaged? The tenant?

Expert:  Jo C. replied 1 year ago.
I think we have covered this before.

Yes, the tenant is liable.
Customer: replied 1 year ago.

Yes we have so I have to take her to court if she will not pay.If it is domestic violence she is still liable to you for the damaged?

Expert:  Jo C. replied 1 year ago.
Yes, she is liable.
Customer: replied 1 year ago.

Thank you.

Expert:  Jo C. replied 1 year ago.
No problem.

All the best.
Customer: replied 1 year ago.

Just want to ask Tenant left today 16/06/13, I have got a appointment with inventory clerk on 20/06/2013, I thought she was going to leave on the 20/06/2013 bailiffs appointment. Is it still ok to do the inventory on the 20/06/2013 or shall I tell the inventory to come tomorrow?


 


Also tenant last rent money is today? or should it been on the 20/06/2013?

Expert:  Jo C. replied 1 year ago.
You should really get it done when you re enter to protect yourself fully.

The money runs until she vacates which would be the 16th.
Customer: replied 1 year ago.

Thank you. I have changed the lock and I have got the inventory clerk tomorrow he could not make it today, fully booked. He done the check-in and now he going to do check-out, he is really good. I have sent email to the bailiffs to cancel the appointment and also forward the tenant email to the bailiffs.


 


The tenant did not left me her forward address. If I am going to phone mydeposit tomorrow to says the tenant has lost all her deposit money Front door £850 Court fee £175 Bailiffs £110 I don't think I am going to get a refund from the Bailiffs. All the other damaged which I am going to take the tenant and her partner and her guarantors to court.


 


Do I have to chase her and find out when she live or does she contact me within 10 days? I think she knows that she has lost all her deposit money. Do I still have to sent her the breakdown? I got her email address, is it ok if I sent her the breakdown to her email address? Also do I have to sent her the inventory? I am waiting for the Police to contact me. I phoned them today and they said it was her partner who has cause the damaged to my property also the neighbours are talking now to me about her partner.

Expert:  Jo C. replied 1 year ago.
You should really send her these details but if you don't have an address for her then you can only do what is reasonable.

Sending her this by email is fine if you have no address for her.
Customer: replied 1 year ago.

Ok I will sent the tenant all the information. Since her partner has been arrested for damage my window will the Police allow him to pay for the damaged or do I have to take him to court for money claim if if does not pay? Will I alos have to take the tenant to court has well?

Expert:  Jo C. replied 1 year ago.
Its possible they could give him a conditional caution with a condition to pay for the damage but alternatively you could sue her
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 64046
Experience: Over 5 years in practice.
Jo C. and 3 other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Can I also take her guarantors to court? Tenant might refused to take her deposit for the door, but I got witness from neghtbours saying that he always kicking my front door. My garden walls has been knocked down at night. Also need a witness for the walls if I am going to court.

Expert:  Jo C. replied 1 year ago.
Yes, you do have a claim against the guarantors.

Please remember to rate my answer.
Customer: replied 1 year ago.

Thank you for your help on the day my tenant left my property, otherwise I will be waiting for the bailiffs. I have learned so much.


 


Thank you

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