Potential Problems with Tennant

Fire_Fox

PayDay wrote: »

The tenant gave them notice 2 weeks ago.

No she hasn't, she texted! There's no formal basis for the tenant leaving as far as I can see, she could change her mind or she could vacate, stop paying rent and be in breach of her tenancy agreement.

Kilmaley01

Fire Fox, are you saying NOT to accept the 'text' as notice. To write to her and tell her we want notice in writing? We have no doubt whatsoever that she will leave when she says, she told us she cant wait to get out!!

How will benefit, her or us, if we tell her we need it in writing? Does that mean it's notice a month from when she puts it in writing, or she can back date it?

Thanks guys for all the advice on here. Much appreciated.

PayDay

gromit2303 wrote: »

Fire Fox, are you saying NOT to accept the 'text' as notice. To write to her and tell her we want notice in writing? We have no doubt whatsoever that she will leave when she says, she told us she cant wait to get out!!

How will benefit, her or us, if we tell her we need it in writing? Does that mean it's notice a month from when she puts it in writing, or she can back date it?

Thanks guys for all the advice on here. Much appreciated.

I don't think I would rock the boat. She wants out and says she will move out on the 13th October. You seem to want her out too now. Why not wait until 13th and see what happens? If she goes to the CAB or council, you don't know what else will happen.

Kilmaley01

It's confusing. Not sure what to do. All kind of things springing to mind. If we have nothing in writing, we have nothing to show the Council Tax people that it's empty as of this date.....

Fire_Fox

gromit2303 wrote: »

Fire Fox, are you saying NOT to accept the 'text' as notice. To write to her and tell her we want notice in writing? We have no doubt whatsoever that she will leave when she says, she told us she cant wait to get out!!

How will benefit, her or us, if we tell her we need it in writing? Does that mean it's notice a month from when she puts it in writing, or she can back date it?

Thanks guys for all the advice on here. Much appreciated.

I'm saying join the landlord's association as Clutton advised: the man is a very experienced, professional landlord and what he doesn't know isn't worth knowing.

If your tenant doesn't find another suitable home she may randomly decide to stay - it has happened before. Get the notice in writing, but by all means agree for her to backdate it to the text if it suits you all. If the tenant does not give formal notice then it is not technically allowable for you to enter the property. I just think then everyone knows where they stand legally.

clutton_2

gromit - you have a Serious hill to climb here in terms of acquiring the knowledge you need to get this tenant out - and i think you need professional help

If this woman does not leave on the 13th, if i were you, i would go back to the agency and pay them to get her out - you have no idea of the minefield of legislation you have to comply with in order to "do this by the book" - especially if this woman does not move out on the day you expect her to. She may have given notice, she does not have to leave.

She may already have been to the council to ask for alternative accommodation and they will have advised her to "stay put and force your landlord to take you to court"

No landlord can EVER get his property back, (without the tenant's consent), unless s/he goes to court and gets a court order costing £150. EVEN THEN the tenant may not move out, and you will have to go back to court (another £95) to get a bailiffs warrant and then the tenant will be turfed out on the street.

This can take up to 6 months if you get the paperwork wrong - ie if a Section 21 notice has not been issued early enough.



""They word it in their paperwork as 'Zero In Scheme'."" - i have never heard of this - it may be an insurance scheme which may pay your rent if the tenant does not - get a copy of it from the agency asap.

but - we have been asking you about which of the 3 Tenancy Deposit Schemes your agent lodged your tenants deposit in .... this is VERY important - if you agent did not lodge her deposit YOU could be liable for a fine of 3 times the deposit ......

in the meantime, STAY AWAY from the house at all costs.

I would be tempted to wait and see if she does move out on 14th, its only just over 2weeks - if she does, you will then have to worry about deposit deductions for damage.

Thank you Firefox for your kind words - i am, however, last time i looked, a full blooded mature woman !

franklee

Guys and ladies. Post how much the membership of the landlord's associations costs. it's not that much is it? I can see no reason for inexperienced self managing landlords like the OP not to join

Fire_Fox

Sorry Clutton; I did consider hedging my bets. In my defense you always call yourself a landlord, or at least others do.

clutton_2

thanks Franklee - good idea - costs of joining NLA

http://www.landlords.org.uk/whyjoin/whyjoin-landlords.htm#whatdoesitcost

£70- per year plus £18 joining fee - extremely good value - their legal helpline will save you thousands in solicitors fees alone - you also get a magazine every 6 months full of really useful legal stuff and the opportunity to go to local landlords meetings to meet with others and to network with more experienced landords. you also get discounts on BTL insurance, builders stuff and loads of other stuff ......

BUT - any new landlord must read up on their legal obligations also by constantly monitoring forum such as https://www.landlordzone.co.uk and tessa sandersons legal forum

NLA also offer several day courses in landlording .... most useful

Re my gender - no probs FF - this is why internet forums are so useful, stuff like gender, job, age,sex, are utterly irrelevant - folks judge each other on the efficacy of their input and we have our own individual pictures of all the other posters .......

"landlady" seems to imply running a pub in my eyes !!

Kilmaley01

Clutton....we have No doubts that this tenant wont move out of the house. The rented property is a 3 minute walk from our own home. In between both properties lives the tenant's mother, who is a guarantour for the tenant.