Renting question (non paying tennant)

Fire_Fox

The_Jobber wrote: »

So as he's not anserwing the door or phone to me, how do I get the gas checks done?

Also, can't I just issue a new tenancy agreement as it's been ages? What if I wanted to amend the current one to say increase the rent for example?

Have you written to the tenant by recorded delivery giving a minimum twenty four hours notice of a planned inspection? Why are you turning up at the property, are you not familiar with the tenant's right to quiet enjoyment?

Most of your questions would be answered by joining a landlord's association as advised and reading the literature provided. At the moment it feels like you want to be spoon-fed.

tbs624

The_Jobber wrote: »

The Tenancy Agreement was for 6 months to begin with, then it just became a rolling contract.

The Agreement states that the rent will be paid weekly, I gave him a paying in book but after a while he asked to pay four weekly as that was how often HB was paid to him, so I said no problem and he then always paid 4 weekly.

Okay - original AST provided for weekly rental periods. You need to look at your own record-keeping here - if the T is obliged under the Tenancy Agreement to make weekly rental payments then you are obliged under the LL & T Act 1985, S4 to provide a Rent Book to the T. It’s a criminal offence to fail to do so. (see also Artful’s comment)

Did you *formally* vary the Tenancy Agreement to the four-weekly payments in writing, or was it just an informal verbal agreement between you both after the T made the request? How long have you been accepting the four-weekly payments?

If you are presenting a Rent Statement to your T, then your Rent Due column needs to reflect the correct rental periods and you need to allocate the Ts actual payments.

The_Jobber wrote: »

Also, can't I just issue a new tenancy agreement as it's been ages? What if I wanted to amend the current one to say increase the rent for example?

When a Fixed Term AST expires, and the T remains in the property, if the LL has not sought repossession & neither party has requested a new Fixed Term then the tenancy would continue as a Statutory Periodic Agreement. The terms remain the same as for the original Fixed Term , except that a T may simply give one month’s notice to quit and the LL must give two (tying in with the rental period)

If you want to increase the rent then either there needed to be an increase mechanism within the original contract terms or you would issue a S13 Notice to the T. As you have a T who is not paying, it would be foolish on your part to “issue a new agreement, as it has been ages”

The_Jobber wrote: »

So as he's not anserwing the door or phone to me, how do I get the gas checks done?

Here’s what the HSE say:

A landlord has to show that they took all reasonable steps to comply with the law.

HSE recommends the following best practice in these circumstances and strongly advises that a record be kept of all correspondence with the tenants:

• leave the tenant a notice stating that an attempt was made to complete the gas safety check and provide your contact details;
• write to the tenant explaining that a safety check is a legal requirement and that it is for the tenants own safety. Give the tenant the opportunity to arrange their own appointment;

HSE inspectors will look for at least three attempts to complete the gas safety check, including the above suggestions; however the approach will need to be appropriate to each circumstance. It would ultimately be for a court to decide if the action taken was reasonable depending upon the individual circumstances. It is a good idea to include arrangements for access in the tenancy agreement.

MissMoneypenny

N79 wrote: »

T alone is not enough - you also need a LL willing to shoulder the costs. Even a solicitor / barrister T is likely to think twice due to the costs of testing such a point of law where there is a reasonable chance that they will lose. (Hint the costs will be tens of thousands of pounds at least). Any sensible LL will just accept the adverse lower court ruling rather than risk the money on a what is basically a roll of the die.

The landlord won't get any choice if the tenant has been given the right of appeal? Unless the landlord just decides to pay the 3x deposit to avoid the legal costs of losing in court.

I think there is a good chance the solicotor/barister tenant will win. The law clearly wrote in "14 days" for a reason, else why put in "14 days" at all It's just one wrong word after that that bad lordlords try to exploit and even then it is a postcode lottery.

It won't cost thousands if you do it yourself, unless they lose, but then the landlord will run that same risk.

If the tenant has the backing of Legal Cover on their house contents insurance, then the insurers pay if the tenat loses and the landlord pays legal costs if the tenant wins. By the time it gets to court, the insurers will provide top barrister level legal advice to make sure they win and don't have to pay out. Most insurers offer 100k of legal cover per case.

Jowo_2

The_Jobber wrote: »

So as he's not anserwing the door or phone to me, how do I get the gas checks done?

http://www.landlordzone.co.uk/gas_safety.htm

How do I gain access to the premises for safety checks and maintenance - You need to give your tenants at least 24 hours notice, preferably a weeks notice, that a Gas Safe Registered Engineer will be calling. This notice should also be given in writing.
How do I gain access if the tenant refuses me entry? - The lease agreement should allow you as landlord reasonable access. You should take "all reasonable steps" to ensure gas safety work is carried out, which may involve giving written notice to tenants requesting access, explaining the reasons. Keep a careful record of any such action in case you are refused access and you have to demonstrate the steps you have taken to gain access. If a tenant continues to refuse you access you may need to consider reporting the problem

• To your local Council - Environmental Health Officer
• To the Health & Safety Executive
• You may need to take court action for breach of contract as a last resort.
• Never, under any circumstances, should you enter without the tenant's consent or use force to gain entry.

Penalties for Breach of Gas Safety Regulations

• Breach of the regulations is a criminal offence with the Health & Safety Executive empowered to bring proceedings.
• Landlords and/or managing agents can be convicted for non-compliance.
• The standard penalty is a £6,000 fine for each item and/or 6 months imprisonment.
• In the most serious cases charges of manslaughter could be brought.
• Insurance cover could be invalidated for non-compliance to the regulations.

Defences

• In the event of a tenant complaint or an incident the defence of "due diligence" may be accepted where it can be shown that the landlord or agent took all reasonable steps to avoid committing an offence - you will need documentary evidence of this.

The_Jobber wrote: »

Also, can't I just issue a new tenancy agreement as it's been ages? What if I wanted to amend the current one to say increase the rent for example?

http://www.landlordzone.co.uk/legal-residential-rentals/rent-increase.htm