tenant pulling a fast one?

clutton_2

if they are earning 6 figures... take them to small claims and get an attachment of earnings order .... you have 6 years to do this

Brb

I agree with the others that you're best just getting rid and hope you get better tenants next time.

One thing though:

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.

If you do plan to re-let the property please bare in mind that it is for the T to allow you to visit/send ppl not the other way round (regardless of what you have written in that AST) so your Ts were perfectly within their rights to refuse. Google quiet enjoyment or read Tessa Shepperson (LL & T solicitor) link on it http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

If you have a head lease on the property then a copy of that has to be given along with the AST.

Wish you well

frugalfreddie

I wouldn't waste any more time on them! I rented in a house share once (never again!) and one of the guys that lived there was a drug addict and after getting totally wasted some nights, he would start banging on our door in the middle of the night. We moved out because the landlord never did anything (I suspect he was too scared to deal with him) and I was so happy to be out of there and never have to see him again. You really don't want to keep these people in your lives, just move on. Your family life, especially the soon-to-be birth of your child, is far more important that a couple of twits taking you for a ride.

Fred.

tbs624

You say that you are selling the property but on the late rent issue some Ts fail to set up their SOs properly with their bank so instead of it being received by the LL on x date, that's the date the bank send it.

Some LLs prefer to get the T to complete & sign an SO proforma with the correct dates on and then the LL delivers it to the Ts bank. If you are using an LA you have to allow for the delay in them passing the rent on to you too.

And, yes, regardless of there being two lavvies at the property no LL should refuse to repair because rent is late/unpaid - the two matters are entirely separate. ( Likewise Ts can't just withhold their rent because a LL is being tardy with the repairs)

My initial reaction on the lack of notice is similar to many of the others - just let it go and be glad you won't have a protracted wait until they leave. You'll have some time to tart the place up and get it sold before Xmas

tbs624

clutton wrote: »

if they are earning 6 figures... take them to small claims and get an attachment of earnings order .... you have 6 years to do this

Obviously the OP would have to get a judgement first, before applying for an AEO - depends how good her paperwork is

MrsAmanda_2

Thanks so much for everyone's input. The tenants did indeed leave when they said they would. Unfortunately, we then found out they'd thrown away (!!??!!) our dining table as they had their own. We're now in dispute with them about that!!

Still, they're pretty much out of our hair, and we've had an offer on the flat so fingers crossed all's well that ends well :-)

G_M

Do you know their address?

You have to weigh up the ongoing stress, time, cost and effort of suing them against the money and satisfaction you'll eventually get from making them pay.

Only you can make that decision.

BitterAndTwisted

There's nothing for them to dispute if the table was on the check-in inventory. I'd be looking to make a deduction for that missing month's rent, too. You'll need to provide a complete statement showing rent-due dates and payments received to prove that it remained unpaid to the end of the tenancy.

MrsAmanda_2

Ex-tenant says dining tables can be bought from Ikea for £40 and that's all he's prepared to pay us to replace the one which he binned. Admittedly, it wasn't a new table, we'd bought it 18mths before for he moved in for the previous tenant. But it cost in the region of £300. Oh, and on the missing rent issue, he's offered to 'compromise' and give us half!!
He says because we took a while to repair the toilet, he has the right to compensation. This is despite the fact the month's rent he missed was before the toilet broke.

It's over a month since he left and we're still in dispute about all this. I've been a bit busy having a baby (who was ill when born and in intensive care) so I've rather let it slide as I've had bigger things to worry about. Does anyone know if there's a time limit on reaching an agreement about deposit deductions?

mlz1413

You need to write to the deposit scheme and lodge your dispute ASAP.

The cost of the table is up to you and not your tenant, if he had replaced it with a £40 one before he left you could still dispute that, fact is you left a dining table and T threw it out without permission therefore he has to replace it like for like.

The rent is the rent and you need to claim for all of it, if T wishes to claim for blocked toilet then he needs to put his dispute in writing to deposit scheme and show how he has built up the costs of the claim. Actually how can a blocked loo be the LL faults? surely must blockagees caused by usage?

Also I have written the above with the assumption that you have a signed inventory at check in. Did you also do a walk-around with the inventory when the T left?