tenant pulling a fast one?

MrsAmanda_2

I've had tenants in my flat for the last 18 months or so and to be frank, it's been nothing but a headache from start to finish.
It's on the usual AST, but since that expired, has been on a rolling contract. The tenant has to give us one month's notice, we give him two.

One of the USPs of the flat was the communal hot-tub and bbq area outside. There were strict terms of use of the tub - only during certain hours, no late night parties, the area to be kept clean & tidy, no glass. The usual, common sense stuff. All this was in our headlease.

Anyway, we received complaints that the tenants had been having tub parties and breaking the terms. Also leaving it in such a bad state that the tub had to be drained and cleaned etc. Obviously there were expenses incurred for this that were passed onto the tenant. It got to the stage where we were threatened with having the lease withdrawn from us.

There was a break-in at the flat a year ago. Frightening, and I wouldn't like to be on the receiving end of it. The tenant threatened to leave as they didn't feel safe unless we put bars on the windows. But it transpired that the burglar alarm hadn't been turned on, and the window locks were not correctly engaged.

The tenants, right from the word go, have every single month been a few days late with their rent. It's due on 18th, and by the time it reaches the agent, it's the 22nd, and the end of the month by the time we get it. About 6 months ago, they 'forgot' a month's rent. The agent sent reminders etc, but it wasn't paid. The agent did ask if we wanted to take further action, but we figured it was an honest oversight and would be sorted. Should know not to be trusting!

Then, there was a leak from the flat above. Not our fault, just one of those things. It's taken an age to get sorted, the ceiling and walls need repainting, nothing major. But has to go through insurers and it's dragged on.

Then one of the toilets (there are two) broke. We said we'd repair it when his account was paid up to date (I know, we shouldn't have done that). It became a bit of a stand off, and we backed down and got it fixed without getting the missing month's rent.

We decided to sell the flat, and put it on the market. The tenant said they were expecting a baby and couldn't afford to be made homeless and would have to leave. They didn't. They had the baby and refused viewings access to the flat for about a month afterwards. Being a mum myself, quite understand that the last thing I'd want is to have to keep the place tidy, and have people traipsing through, so we 'allowed' them some time off.

The tenants have now given notice. 13 days notice. They leave next week, on the day their rent is due. We have pointed out that they are supposed to give notice the day before rent is due, and that they have to give a month. But their attitude is 'tough. We're off, and you're not getting any more money out of us'.
Their deposit is pretty much taken up with the arrears, there is a bit left over to pay for the cleaning of the property and the replacement of a couple of things we know have been broken.

Part of me says, 'oh well', and shrug it off. Part of me is livid and quite happy to pursue them through small claims for the outstanding rent etc. If I weren't about to have a baby myself, and have other things to worry about, I would.

Oh, and the flat has had no offers of purchase yet, so will be empty as of next week.

Any ideas of how best to play this?

nomoneytoday

IMHO sounds like you will be well rid - as long as they go next week.

BitterAndTwisted

Quite honestly, I'd be absolutely relieved that they're going. Write off the lack of notice and be glad to see the back of the blighters

pinkshoes

I presume you protected the deposit in one of the schemes?

To issue a court claim against them, you'll need their new address.

I'd just accept the 13 days notice, as it sounds like you'll be well rid of them! If you get a new address for them, you could then consider pursuing them for the remaining rent and any further damage.

G_M

First, keep your fingers crossed that they actually leave as expected - you'll be well rid of them.

Also, expect the place to be a mess - you'll need to pay out for cleaning and repairs which will eat further into what remains of the deposit....and more. Just be prepared.

Then you have 2 choices. Breath a deep sigh of relief that they're gone, spend some money putting things right, and move on. Or, assuming you have a forwarding address (doubtful they'll give it to you!) pursue them via Small Claims Court.

You'll need lots of evidence: accounts re rent arrears, fully itemised inventories (check-in AND check-out), photos, receipts from cleaning company/repairers/decorators etc, witnesses, etc.

So, having found out where they are, got your evidence together, taken them to court, and won.... have they actually got any money to pay you with? Or will the court order them to pay you £5 per week for the next 20 years, which they won't, so you'll be chasing them for ever and getting TOTALLY stressed.

Your choice.

Bonny1

Don't throw any more good money, after this lot... your well rid, and I think you got off lightly..

good luck with the next tenant..

inmypocketnottheirs

Get em out and (metaphorically) move on.

I am a landlord and have experienced similar.

It really isnt worth the hassle of pursuing the tenants.

In future do as I now do, and use https://www.letsure.co.uk to reference the tenant and then insure against these problems. It's worth the peace of mind.

GillsMan7

For future reference, if your tenants are consistently late with the rent, then offer to change their rent day. It might be that they get paid on the 22nd of each month or something, so it's worth seeing if changing the rent day eases their cash flow.

MrsAmanda_2

Thanks for all the replies.
I think you're right, it's just one to chalk up to experience, and not make the same mistake again.

In terms of chasing them for rent arrears, I'd rather thought they'll disappear into thin air. We do have his employers details from the time they moved in, but who's to say he still works there. According to his declared income, it's touching 6-figures, so there oughtn't be any problem with cashflow and paying on time, unless he's not an MSE regular and daft with his money

I do feel better for getting it all off my chest. It's been eating away, getting me crosser and crosser, thought the stress was going to send me into labour!!

mchale

And don't forget to put tenants details on here http://www.landlordreferencing.co.uk/

mlz1413

I've only used the DPS deposit scheme so this info may not be correct for the insurance based schemes:

To get the deposit fully back to yourself you will need to submit a claim to the scheme saying what they owe and how it is built up. The tenants should also be writing to deposit scheme to say if they have a right to the money or if they agree it is all due to you.

IF the tenants don't contact the deposit holders then DPS have to write to the tenants at last known address (yes I know that is your flat) and only when the letters are unanswered for a set period can you claim the full deposit.

So put together a full claim for damage, cleaning and over due rent, submit it and then do whatever else you need to get the deposit in full.

I agree with everyone else, write off the money owed and learn from the experience. I would ensure your communal area rules are part of your next inventory and get tenants to sign a photocopy of it to say they have read and understood it.