Help! Tenant Troubles..

nordberg

Hi,

I hope someone can offer me some advice...

I have had a tenant in my property for the past 5 months. He is signed into a 6mth contract via my estate agent to whom I paid a finders fee.

Just before Christmas, I got a phone call from the EA explaining my tenant had been in to complain about a problem (omitting specifics here in the interests of privacy.) in the property. Having lived there myself for many years and never having any problems like this, I was surprised and tried contacting the tenant so I could get in and have a look. He made this difficult/impossible and, in the midst of trying to arrange a convenient time to inspect this problem, informed me he had given his notice to the EA and would vacate at the end of Jan.
When I again contacted the tenant to try and arrange a convenient time to get in to meet him, he then informed me that the problem had started several months ago and he just though he would live with it! I was obviously pretty furious with this, but thought I would basically let him out of the contract a month early and assess the damage before claiming back any expenses via the TDS.

I had pretty much drawn a line under it until I noticed last week that I had received no rent since the middle of November. When I asked the tenant where it was, he told me he was refusing to pay any rent for a damp property.

So, I am not only down a months rent, but I potentially have a considerable amount of damage to correct when he vacates. I understand the TDS will not pay out for missed rent so I am left thinking the only alternative is small claims court or similar?

I should also mention that this tenant claims housing benefit as he is a single parent. I'm not sure where that would leave him if he was found to have claimed benefit and not actually pay a landlord.

Any thoughts/advice appreciated....

Jowo_2

nordberg wrote: »

..

I should also mention that this tenant claims housing benefit as he is a single parent. I'm not sure where that would leave him if he was found to have claimed benefit and not actually pay a landlord.

...

There is no issue here between the local council and the tenant despite his arrears - your tenancy contract is between you and him, his rent arrears are a civil matter with you.

Though he may be receiving LHA to pay his rent and is choosing not to do so, its legally up to him what he spends it on - his failure not to pay the rent will not result in any kind of penalty from the local council, nor is it classed as fraud or any kind of criminal offence.

Contact the local council to notify them about his arrears - after a certain duration of arrears, they will pay the LHA directly to you.

Have you served notice on the tenant and if the property is in England/Wales, is the deposit placed in a tenancy deposit scheme? Do you have a guarantor? Is any of this maintenance problem in writing (i.e. do you have any written communication on this subject?).

nordberg

Jowo wrote: »

There is no issue here between the local council and the tenant despite his arrears - your tenancy contract is between you and him, his rent arrears are a civil matter with you.

Though he may be receiving LHA to pay his rent and is choosing not to do so, its legally up to him what he spends it on - his failure not to pay the rent will not result in any kind of penalty from the local council, nor is it classed as fraud or any kind of criminal offence.

Contact the local council to notify them about his arrears - after a certain duration of arrears, they will pay the LHA directly to you.

Have you served notice on the tenant and if the property is in England/Wales, is the deposit placed in a tenancy deposit scheme? Do you have a guarantor? Is any of this maintenance problem in writing (i.e. do you have any written communication on this subject?).

All communication thus far is by SMS as this person refuses to answer the phone and is never in when I call around.

I haven't served notice?

The deposit is held in the TDS. The guarantor is the tenant's father.

theartfullodger

SMS is all very well but - if & when it gets to court - you need evidence of communication.

I suggest you write him a calm, sober & polite letter outlining all the issues and points. Send it, keep copy. If you have email ID send it there also. I would offer, in writing, for workmen/yourself to inspect damp/mould. If you go take an independent witness.

If you get no reply, keep writing, repeating you offer of inspection and offer (frequent) dates & times. Do not be tempted to let yourself in..

You need to be V careful with issues of disrepair - and need evidence you have done more than is reasonable to try & fix the problem.

If he is "never there when I call round" are you sure he is living there??

How often do you go round - you don't want to be accused of harassment.

In your shoes I'd issue S21 notice ASAP - minimum of 2 months notice - but I would not expect this one to leave at the expiry date (he doesn't have to). S21 is not a notice to quit - it is simply a notice that you MAY apply to the court for a possession order.

If you find you don't like the laws & regulations of lettings then I'm sure you know what to do..

Cheers!

Artful

N79

As well as following the Artful's excellent advice.

Issue a letter demanding payment of the arrears, a rent statement and S8 G8,10 and 11 notices now.

Next question - are you whiter than white? If not, you don't want to take a professional T to court. Does the property have a gas safety certificate? Does it have an EPC?

Finally, how did you bind the guarantor to the agreement? Was it by way of a deed? If so then you should probably copy the guarantor in on the arrears letter, so that they are aware of your impending court action. If you did not use a deed then the guarantee is probably not valid.

Finally, one thing that was not "covered clearly" in your OP is how you failed to notice that rent had not been paid. This suggests that you need to change the way you manage the property so that problems like repairing issues / rent arrears can be addressed quickly and professionally. This, more than anything else, is key in ensuring that Ts know you are serious.

nordberg

theartfullodger wrote: »

SMS is all very well but - if & when it gets to court - you need evidence of communication.

I suggest you write him a calm, sober & polite letter outlining all the issues and points. Send it, keep copy. If you have email ID send it there also. I would offer, in writing, for workmen/yourself to inspect damp/mould. If you go take an independent witness.

If you get no reply, keep writing, repeating you offer of inspection and offer (frequent) dates & times. Do not be tempted to let yourself in..

You need to be V careful with issues of disrepair - and need evidence you have done more than is reasonable to try & fix the problem.

If he is "never there when I call round" are you sure he is living there??

How often do you go round - you don't want to be accused of harassment.

In your shoes I'd issue S21 notice ASAP - minimum of 2 months notice - but I would not expect this one to leave at the expiry date (he doesn't have to). S21 is not a notice to quit - it is simply a notice that you MAY apply to the court for a possession order.

If you find you don't like the laws & regulations of lettings then I'm sure you know what to do..

Cheers!

Artful

Thanks! That's helpful advice.

To clear a few things up.... The tenant is moving out of his own free will this Wednesday. I have not asked him to vacate the property at any time.

I have called around twice and had two arranged visits cancelled by the tenant.

In this situation, what should I write and how should it be worded? I clearly want my rent that is owed and I intend to pursue the tenant for the damage caused by her not ventilating the property adequately.

nordberg

N79 wrote: »

As well as following the Artful's excellent advice.

Issue a letter demanding payment of the arrears, a rent statement and S8 G8,10 and 11 notices now..

Can you extrapolate on S8, G8,10 and 11 notices?

N79 wrote: »

Next question - are you whiter than white? If not, you don't want to take a professional T to court. Does the property have a gas safety certificate? Does it have an EPC? ..

I guess I am whiter than white :j

N79 wrote: »

Finally, how did you bind the guarantor to the agreement? Was it by way of a deed? If so then you should probably copy the guarantor in on the arrears letter, so that they are aware of your impending court action. If you did not use a deed then the guarantee is probably not valid.

THe guarantor was arranged by my estate agent as part of their finders service.

N79 wrote: »

Finally, one thing that was not "covered clearly" in your OP is how you failed to notice that rent had not been paid. This suggests that you need to change the way you manage the property so that problems like repairing issues / rent arrears can be addressed quickly and professionally. This, more than anything else, is key in ensuring that Ts know you are serious.

Yes I would agree with you there. I'm kicking myself for this lapse...

Thanks for your helpful post.

theartfullodger

nordberg wrote: »

Can you extrapolate on S8, G8,10 and 11 notices?

If he leaves it's irrelevant - you'll just need to make a claim for the money via
https://www.moneyclaim.gov.uk/web/mcol/welcome

but for future reference it means notice (re. possession order) under S8="Section 8" of the "Housing Act 1988" under grounds 8, 10 & 11 see..
http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-8-claims-for-possession-the-section-8-notice.html

&
http://www.legislation.gov.uk/ukpga/1988/50/section/8

&
http://www.legislation.gov.uk/ukpga/1988/50/schedule/2

I guess I am whiter than white

Guess ain't good enough: Check everything!! If it gets to court (him not having left..) and he can show, say, your EPC was invalid or you had dangerous electrics it will not help your case....

THe guarantor was arranged by my estate agent as part of their finders service.

Almost certainly won't be a deed & won't be witnessed - most agents don't seem to have bothered to learn LL/Tenant law.. But, copy guarantor anyway.. he might "encourage" tenant to cough up or, in the end, just might pay up himself to avoid a court case - that you'd probably lose if no deed & no witness.

Ask agent for a copy of guarantee & ALL other related paperwork (& let us know if it was a witnessed deed...)


PS Remember, the tenant and his mates & the agents may well be viewing this thread....

nordberg

theartfullodger wrote: »

Guess ain't good enough: Check everything!!


.

Geniunely, I have the gas safety cert, EPC, Permission To Let (from lender) and full landlord's insurance.

Thanks again

nordberg

theartfullodger wrote: »

If he leaves it's irrelevant - you'll just need to make a claim for the money via
https://www.moneyclaim.gov.uk/web/mcol/welcome

Would you recommend writing to him in any case?

nordberg

theartfullodger wrote: »

Well, yes, probably, but make sure the letter arrives after Wednesday.. (ie post it wednesday). Post from 2 different post offices with a **free** certificate of posting. Do NOT use recorded-signed-for (dodgy tenant/landlords/persons will refuse to sign for such things anyway..)

Thanks. Why wait for Wednesday though? he is giving the keys back on Thursday so I will run the risk of missing him.

I have prepared two letters; One acknowledging him moving out and requesting all rent be up to date and the place be left tenantable and the other a final notice for rent owed. Is this OK?