Kicking out a tenant

tbs624

MissMoneypenny wrote: »

Interestingly, the government state (DWP)
"A person cannot be in rent arrears in respect of a period that has not yet been served."

That is the DWP's stated view when assessing whether LHA rent should be paid direct to the LL, rather than to the T. However, their guidance also says "Rent arrears are defined as a sum that has become due and has not been paid."

They also make the suggestion that a LL who has not pursued the T for outstanding rent may have "contributed" to the level of arrears. So, a LL who serves a S8 Notice on a T promptly is perhaps helping the T to keep the arrears level down as far as LHA/HB claims are concerned?;)

As you say, ....interesting but IMO it does get quite tiresome when people see it as someone else's responsibility to get them to cough up for a contractually agreed set amount, due on a set date, unless there are genuinely extenuating circumstances.

cheekykid

tbs624 wrote: »

The OP has posted elsewhere about taking on a tenanted property from his/her parents.However, you are right s/he could also be a T him/herself.

Yes am a tenant myself.

Basically I want to know if I walk on thin ice here

I live in a house which has been converted into flats(the LL doesn't live in the same building) and my flat has a balcony and I want to put a sat dish there. Am an expert with these things and ill be placing the dish on a base i've got and will pass the cable through the window. There will be no drilling or damage at all anywhere. The house is not listed or anything and similar building on the same street have dishes all over the place

Before I signed the contract I checked the contract and it says:
Aerials: Not to erect or permit to project outside the property any wireless or tv aerial or satellite dish or other construction without: a) landlords consent not to be unreasonably withheld, and b) landlords agreement to the form of installation.

After reading this I thought "fair enough" and to every sane person it would appear that installing a dish is negotiable given these terms otherwise they would have simply say "No aerials" from the beginning.
I phoned up the agency which manages the building to ask for permission and I was told in a straight and rather rude manner "No, and if you try to put one up we will take it down. No dishes are allowed in the buildings we manage". I tried to point out the contract terms and that i'll be doing no damage. They didn't let me finish my point and interrupted me by saying again "NO".

I feel they are very unreasonable with me and they are in breach of the contract terms which point out that the landlord must decide not the agency speaking of which tried to fob me off so that they won't have to take time to contact the landlord. Above all this is not a way to treat tenant who is financially viable and will always be paying his rent however after this am having second thoughts and I want to find out how easily I can get evicted if things get nasty. A sat dish is very important to me and my business.

real1314

Bear in mind that you won't just be evicted for not paying your rent. The court will also require you to pay the arrears and you may also end up with a CCJ which will make it harder to get credit or another tenancy.

Having said all that, I can't see hy they are being funny over what you are proposing, although if you're displaying an attitude of "if you don't let me then I'll stop paying rent" they are highly likely to see you as a difficult tentant.

Ladybird20

you are not allowed in my block of appartments to put sattalite dishes up and i as a landlord would say NO and the management company rules an regs also is a NO,,,,its is rigged up for digital/cable tho.....

cheekykid

real1314 wrote: »

Bear in mind that you won't just be evicted for not paying your rent. The court will also require you to pay the arrears and you may also end up with a CCJ which will make it harder to get credit or another tenancy.

Having said all that, I can't see hy they are being funny over what you are proposing, although if you're displaying an attitude of "if you don't let me then I'll stop paying rent" they are highly likely to see you as a difficult tentant.

I didn't have any silly attitude at all with them. I don't understand why they would say no like that. What is the correct course of action for me? I got their address and I could send them a letter asking them to outline the reasons of their refusal however my english is poor and don't feel very confident.

SouthCoast

My recent build development has a covenant that says no satellite dishes.
Everybody has one and some of the properties let to foreign workers actually have two.
The fast track to eviction is to withold your rent.

cheekykid

Could they evict me with a court order on the basis of not having gotten permission and simply erecting a dish?

PasturesNew

I thought you needed planning permission if more than one dish was on a building.

And, for flats, there's often a "no" in the lease.

The contract might have been a standard one, whether you're in a 6 bed detached or a studio flat. Maybe they know the answer is no because of the building lease...

I'm sure you've seen these issues 1000 times over.

Ladybird20

Like i said in my previous post itsa NO to satalite dishes,,simple as...........

Debt_Free_Chick

cheekykid wrote: »

Before I signed the contract I checked the contract and it says:
Aerials: Not to erect or permit to project outside the property any wireless or tv aerial or satellite dish or other construction without: a) landlords consent not to be unreasonably withheld, and b) landlords agreement to the form of installation.

That sounds like the bog-standard clause you'd find in any tenancy agreement.

However, my guess is that the Freeholder/Management Committee have a blanket "no dish" policy, which is quite separate and in addition to the tenancy agreement.

So the argument would go like this

T: Can I put a dish up?
LL: No, sorry
T: But the tenancy agreement says you can't unreasonably withold consent?
LL: Personally, I don't have a problem with the dish, but the freeholder for the whole building has a "no dish" policy. So I'm not being unreasonable, just complying with the rules that apply to the whole building.