Tenant taking the pee?

david29dpo

My latest tenant (4 months in to a 6 months let) has been hassle since he moved in. First he sneaked a dog in (knowing full well no dogs) and has never set up the DD with his bank to pay the rent. I did agree to let the dog stay after he agreed to monthly expections by the agent. He has canceled every agreed date with the agent for the last 2 months and is now late with last months rent. He has been paying by taking cash to my bank so far (no a problem for me) He blamed the agent for not giving him my bank details! (which they did) Has he is only 4 month in, do i have to wait for the 6 month to finish before i can do anything?

Ulfar

You have two choices give notice or don't.

If your agreement says no pets then I agree this wrong, however I would not from the tenants point of view agree to monthly inspections.

You either allow him to have the dog at the property or you don't.

As for the rent I personally don't like direct debits and have always paid by standing order when renting.

If you do want to get rid of him and he is 4 months into a 6 month tenancy you can issue the schedule 21 notice now to end the tenancy for two months time.

I am assuming that you have complied with all the tenancy deposit rules, if you haven't you can't issue a schedule 21 until you have.

adg1

Ulfar wrote: »

As for the rent I personally don't like direct debits and have always paid by standing order when renting.

I believe OP meant a standing order - a direct debit can be altered every month by the receiving company depending on what you owe them, a standing order stays the same and can only be amended by the account holder.

OP - you have two choices. If he is a good tenant, then make him set up a standing order for the entire rent to leave his account, which will probably be in his contract anyway (check it out) then you can ask him to do another 6 month fixed term.

OR

You get a section 21 notice now (providing all your obligations as a landlord are fulfilled) and offer him to leave on month 6. The bad thing about this is that you then have to remarket your house, pay agency fees again and take on another unknown entity in a new tenant who may actually turn out to be even more of a headache than this one!

With regards to the inspections, I wouldn't never allow my landlord/agent to check out my house monthly - its a total invasion of privacy and goes against statute law and 'peaceful enjoyment'.

Agree to a larger deposit and/or a mutually agreed time for you to inspect the house. Remember, though, that you are looking for doggy evidence, not that he has put pitcures up on your wall or there are marks on the wall. He will probably put that right before he leaves.

theartfullodger

Re. "No Pets". OFT have issued guidance stating that

[The tenant must not] keep any birds or animals at the
property (other than in secure cages
or container) without the consent of
the landlord such consent not to be
unreasonably withheld, delayed or
withdrawn.

would be an acceptable clause, but "No Pets" is note.

They cite the well-behaved and house-trained single goldfish as a matter for consideration

david29dpo

Everything done above board and legal. He agree to the monthly inspections and signed a further contact stating that.The agent as just sent papers regarding the end of the 6 months, asking weather he want another 6 months or just a rolling month.

willa

david29dpo wrote: »

My latest tenant (4 months in to a 6 months let) has been hassle since he moved in. First he sneaked a dog in (knowing full well no dogs) and has never set up the DD with his bank to pay the rent. I did agree to let the dog stay after he agreed to monthly expections by the agent. He has canceled every agreed date with the agent for the last 2 months and is now late with last months rent. He has been paying by taking cash to my bank so far (no a problem for me) He blamed the agent for not giving him my bank details! (which they did) Has he is only 4 month in, do i have to wait for the 6 month to finish before i can do anything?

He's definitely taking the pee. I've lived in shared housing with people like this. Last shared house I lived in, one tenant who came out with similar bull, brought his mates round and one of them started nicking food out of my cupboard. The tenant ended up doing a runner and leaving the landlord a couple of months rent out of pocket, but kept sending his dad round to the house to pick up his mail!

lynzpower

I wonder if he has a basic bank account that doesnt allow SO or DDs. Some very basic ones dont.

david29dpo

The contract said just no dogs or cats.

david29dpo

lynzpower wrote: »

I wonder if he has a basic bank account that doesnt allow SO or DDs. Some very basic ones dont.

I was wondering that.

Trollfever

The trials and tribulations of running a property investment business.




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theartfullodger

He agree to the monthly inspections and signed a further contact stating that.

Very interesting: But, and there are many posts about this, he doesn't have to let anyone in - for inspections, for visits, for repairs - if he doesn't want to... and if he says he doesn't want you/the agent calling then you must not call or...

“Protection from Eviction Act 1977”
Section 1

• Unlawful eviction and harassment
• s.1(3A) (as was amended by the Housing Act 1988) which states:
  "the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household."
• The individual carrying out any inspection will be personally criminally liable, and could face arrest by the police on the above charge. Likewise the agency as a corporate entity may face criminal investigation.
  Also any attempt to enter the premises without your consent will treated as, as a matter of civil law:
  a. trespass; and
  b. a breach of the quiet enjoyment clause under the tenancy agreement.

An unenforecable clause in a contract is just that (eg having a clause saying tenant must give 3 months notice does not change his right to just give 1 month (if monthly rent payments)

Cheers!

Lodger