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Question Title: Tenant starts fire
| Question: 92 |
| One of my tenants, who has a history of violence, had been in arrears with his rent for some time. I informed him that I intended to start possession proceedings and, once informed, the tenant set fire to the building causing considerable damage. The tenant is still in occupation and the landlord would naturally like to obtain possession as soon as possible. What action should I take to secure possession quickly?
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| Answer: |
| In nuisance cases it is possible to combine an application for possession with an injunction. In serious cases an injunction may be obtained within hours. In this case, the landlord could rely upon ground 14 of Schedule 2 of the Housing Act 1988 which allows the landlord to apply immediately to the court for possession and can be combined with an application for an ex-parte injunction (an emergency injunction used where there is fear that the tenant may assault or act maliciously). The circumstances suggest that the landlord would be well-advised to employ professional legal assistance - a good solicitor will understand how to obtain an injunction quickly. The County Court will have the relevant forms (forms N16A and N16). The forms and any supporting evidence should be submitted to the Court with a request for an early hearing date. The more evidence that is supplied, the more likely the landlord will be to obtain an injunction. Where an interim injunction (a temporary injunction pending the outcome of the case) is sought, the attendance of witnesses in court will not be necessary. Affidavits will suffice. For the final injunction the landlord will need to prove that it is more than likely that the incident took place and witnesses will be required to give evidence if their statements are challenged.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Apr 2002 page 26 |
letting-update-journal.html
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 21 |
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factsheet-21
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For more information, discuss on the Forum
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Possession Issues