Tenant problem with a twist!!

Babycreature

Tried to seek advise but all I received was comments on how unproffesional I was, hope I get nicked, etc etc. I thought this was a supportive sight. Cheers folks, I will make sure I don't come back again and leave you all to your devices.

Jowo_2

Did you receive the keys back? Did you change the locks? Did you receive their notice in writing? Have you checked to see whether they've actually moved back in? If the property is in England/Wales, did you place their deposit in a tenancy deposit scheme? Do you have a signed inventory/schedule of condition? If there is any gas appliances, do you have a valid gas safety certificate?

theartfullodger

Notwithstanding their being merkins I think they are right..

They have a tenancy agreement:
It is still in force
They have paid up to end of tenancy..
The deposit is "their" money - not landlords...

If you take any action to enter the property, show round new tenants, give keys to new tenants then you are in severe danger of getting nicked..

(Protection from Eviction Act 1977 S1(3A)..)

http://www.legislation.gov.uk/ukpga/1977/43/section/1

Do a deal on the deposit... or delay entry etc until after 27th Jan (well after..)

If you don't have immaculate paper-trail of inventory in/out with photos I'd say you'd lose if it gets to court...

Cheers!

Artful

PS See also PoE 1977 Section 4

(4)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £400 or to imprisonment for a term not exceeding 6 months or to both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.

G_M

Yup! They have a valid tenancy so you can only go in before it expires if they agree - preferably in writing to avoid arguement.
If not consent from them, you have to wait.

It sounds like you have valid reasons to make deductions from the deposit but only
1) if you have a check-in inventory proving the condition at the start and
2) you can validate the deductions with quotes from contractors for the remedial work and
3) the deposit has been protected as required in a recognised scheme

(assuming it's an AST in England/Wales).

ps - if the tenants don't move out even on/after 27th Jan you have a problem. You cannot force them out even then without a court order, but you have to provide accomodation to the new tenants. Oops!

darkpool

tbh the damage sounds like normal wear and tear for someone that has ben in a house for 18 months

Jowo_2

darkpool wrote: »

tbh the damage sounds like normal wear and tear for someone that has ben in a house for 18 months

Wear and tear is about natural degradation under ordinary use and this automatically excludes damage and dirt.

Out of the following list only one or two may be wear and tear if there were maintenance issues rather than tenant behaviour that caused this.

- damaged mirrors, water leak stain on ceiling, oil leak from car on newly laid front drive, skirting boards hanging off walls, radiators chipped, blinds and windows not cleaned and grimey -

Nonetheless, if the landlord failed to get a signed inventory, they will struggle to make any deductions for damage stand in court.

mynameisdave

darkpool wrote: »

tbh the damage sounds like normal wear and tear for someone that has ben in a house for 18 months

Skirting boards hanging off does not sound like wear and tear to me

princeofpounds

What they said. Don't enter, it's your problem if you booked in tenants without an appropriate 'servicing' period. Actually, you're lucky you didn't walk in already!

Namely, damaged mirrors, water leak stain on ceiling, oil leak from car on newly laid front drive, skirting boards hanging off walls, radiators chipped, blinds and windows not cleaned and grimey.

mirrors - fine if genuinely broken
water leak - if caused by your plumbing not something they should pay for
oil leak - get real. driveways are for cars, sometimes cars leak.
skirting boards - fine
chipped radiatiors - probably fine but a fix won't cost much, a couple of dabs of paint?
blinds and windows not cleaned - fine, but again will cost about a half-hour's cleaning?

and this all assumes it was in showroom condition in the beginning.

So... is there more to this discord that you are letting on? Any history here?

sequence

It's their home until 27th of January. You shouldn't have new tenants moving in until you have in writing from the original tenants that this is acceptable. The deposit should probably be in a protection scheme.

sequence

You're very lucky to have access to the property as it is btw, whilst sill receiving rent.

darkpool

I suppose you would have to see the state of the damage to see if it could be described as wear and tear.

things like chipped radiators are things that happen if you move house or have kids.

i don't see how a tenant could be held responsible for a water leak staining a ceiling.

cars have oil in them, sometimes this oil drips from cars.