Nightmare Tenants

[ajstoneservices]

Another bit of reading https://www.simplelandlordsinsurance.com/landlord-hub

We use them for insurance but the hub gives a lot of useful information.

 

[Doggit]

If the initial tennacy agreement has ended, then you can issue a section 21 notice that asks for posseion of the property without having to give a reason. You have to give a clear 2 months notice, so saying she pays the rent on the 20th of each month, then you could give her notice up to the 19th, and she would have to leave by the 19th June. But if she doesn't leave, then you have to take her to court and ask for an eviction order, and then when she doesn't go, you go back to court for a balifs order - all of which can take about 6 months. Asking for a high court order is expensive, so the rent has to be high enough to justify that path; hence the suggestion to offer her enough for a deposit on her next property - or start at half of that, and let her work you up.

In telling us about the CCJ, then you're obviously going for a section 8 notice, so best to give her a section 21 notice at the same time. For future reference, the tanant would be 2 months in arrears the 2nd time she missed a rent payment, and not when she misses the 3rd one, and the section 8 notice could have been issued in January, as missing the rent is a valid reason for terminating the tenancy agreement prior to the 6 months protected tenancy ending.

But the caveat over all this, is whether you (or the managing agents) have followed the correct procedures. Was a deposit taken, and then protected, and was evidence of the protectio given within 2 weeks of receipt of the deposit. Was a legionaires assement made at the start of the tenance, and was an EPC given as well. If you've missed out on any of these parts, then you can't issue a section 21 notice, but I'm not sure how the section 8 is affected.

If the agents issued the tanancy agreement, but hasn't followed the necessary rules, then you may have a case against them.

 

[james_help]

If the initial tennacy agreement has ended, then you can issue a section 21 notice that asks for posseion of the property without having to give a reason. You have to give a clear 2 months notice, so saying she pays the rent on the 20th of each month, then you could give her notice up to the 19th, and she would have to leave by the 19th June. But if she doesn't leave, then you have to take her to court and ask for an eviction order, and then when she doesn't go, you go back to court for a balifs order - all of which can take about 6 months. Asking for a high court order is expensive, so the rent has to be high enough to justify that path; hence the suggestion to offer her enough for a deposit on her next property - or start at half of that, and let her work you up.

In telling us about the CCJ, then you're obviously going for a section 8 notice, so best to give her a section 21 notice at the same time. For future reference, the tanant would be 2 months in arrears the 2nd time she missed a rent payment, and not when she misses the 3rd one, and the section 8 notice could have been issued in January, as missing the rent is a valid reason for terminating the tenancy agreement prior to the 6 months protected tenancy ending.

But the caveat over all this, is whether you (or the managing agents) have followed the correct procedures. Was a deposit taken, and then protected, and was evidence of the protectio given within 2 weeks of receipt of the deposit. Was a legionaires assement made at the start of the tenance, and was an EPC given as well. If you've missed out on any of these parts, then you can't issue a section 21 notice, but I'm not sure how the section 8 is affected.

If the agents issued the tanancy agreement, but hasn't followed the necessary rules, then you may have a case against them.

Thank you! that has helped quiet a bit

 

[^woody^]

You have a contract with your agents regardless, and if they have not performed or have been negligent causing you loss, then you have a claim against them

 

[Doggit]

I suspect the contract will be worded in favour of the agent, but it'll be more in line with them finding you a tenant, but it'll definitely be worth reading though it, and maybe worth using against them if possible; but if they haven't done their job properly, then they will be in breach of the law, and you could report them, and they'd get prosecuted. The daft thing with the current tenancy laws, is that it's the tenant that may end up benefiting financially if they've screwd up, and not James.

 

[EFLImpudence]

You may consider telling the tenant that if they are gone by the 17th you will not chase her for the arrears.

Not palatable nor fair but at least you may get some rent next month from someone else; you won't any other way.

 

[Doggit]

Most tenants that act this way know that they can always string it out a bit longer, and are often used to being chased for arrears of some sort or another, so don't care. The nice route never works with this sort, and only impending court action tends to work. Tenants have a bad (or stupid) habbit of leaving paperwork behind when they go (along with loads of furniture they can't be bothered to take), and it's amazing how many other people are chasing them for money. I suspect with this one, it'll be the section 21 notice, and then a cash offer (even more unpalatable) if they go within a week that'll get her out. You could take this type to court, and then find that they haven't got any money to pay off the court judgement anyway.

 

[EFLImpudence]

...and with a bit of luck, haven't painted the bedroom black.

...and you thought gay blokes were clean and fastidious.

 

[Doggit]

God, don't get me started on tenants crap paintings abilities, nor the one who tipped paint on the carpet, and just left it there to dry. And then there was the gay couple in another flat in the block that turned it into a puppy farm. And as to foregners, I think there may be a knocking shop where I've got a russian tennat that never seems to be there; the agents did a survey, and noted that there was no fridge or freezer present, but there was a sofa in the hallway outside of two bedrooms that could be locked.