Help please - rent arrears, how to get tenant out?

BitterAndTwisted

Non-payment of rent does not absolve a landlord from fulfilling their repairing obligations. In your brother's position I would get some cheap second-hand replacements from somewhere like Freecycle. If they're dirty, even better.

babydoo10

Thanks, I thought that would be the case but am so angry that I replied (ever so slightly arsily) to the housing aid woman who was quoting all sorts of paragraphs and legal b0llocks to say that if the tenant wants the items repaired or replaced then she can arrange for this herself and take the cost of this out of the next rent payment... (roughly translated as you can sod off you skanky b1tch, take me to court if you dare)...

I also pointed out that there are also paragraphs in the TA that state that the rent has to be kept up to date and the house kept in a reasonable state, so being as the tenant hasn't kept to her side of the agreement then why should my brother? The housing woman replied to say that this matter won't need discussing again as the tenant will sort the cooker out herself! Round one to me! lol!

Now, I have a new prob. My brother has just received an email from a housing association asking for a reference for the tenant (pmsl!!!) I'm annoyed that someone has given his addy out but equally I'm unsure as to how to proceed with it.

If he answers the questions on the ref correctly (about rent arrears and state of the house etc) no LL in their right mind would touch her, but that means she'll be at his place even longer.

So, should he lie and say she's a model tenant?

Thoughts please?

sequence

You have to keep up with the repairs regardless of the rent coming in because that is the law, if he had bothered to do any research before letting out possible his biggest asset, he would know this. BTW the tenant will be able to take the repair costs out of the owed rent, if she follows the correct procedure.

What a poor attitude to doing the repairs.

:rotfl:

AnnaV

babydoo10 wrote: »

So, should he lie and say she's a model tenant?

Thoughts please?

Only if he wants to risk being sued by a future landlord...

RAS

Stick to the facts.

At this date x amount in arrears etc. Have issued S* notice (if he has actually got round to doing this?)

RAS

babydoo10 wrote: »

Thanks, I thought that would be the case but am so angry that I replied (ever so slightly arsily) to the housing aid woman who was quoting all sorts of paragraphs and legal b0llocks to say that if the tenant wants the items repaired or replaced then she can arrange for this herself and take the cost of this out of the next rent payment... (roughly translated as you can sod off you skanky b1tch, take me to court if you dare)...

You have a professional tenant here. Stop acting like amateurs.

Get some replacements off freecycle like NOW or buy very second hand.

Write her a letter today, advising that the items will be replaced this weekend.

Then swap the goods. Try and find out how she has damaged them if you want.

But what she wants is you to fail to replace the goods, so she can legally go out and replace them with nice new expensive ones, which no doubt she will take when she leaves, because there is no inventory.

With the asdded advantage of reducing her rent owed below the trigger point for rent payments direct to the LL and the S8.

And stop bad mouthing tenancy advisors, as they will have his guts for garters if you carry on like this.

Fair it aint but he has to keep absolutely to the law.

babydoo10

It's not a poor attitude as the items aren't even damaged - she is just trying to extort more money out of him by bullsh1tting about stuff.

If she had needed repairs doing then she could have taken the money out of the owed rent cos he aint ever gone see it again anyway as she owes so many people so much money.

Anyway, she lied so what about the reference question?

RAS

Read my post 36

babydoo10

Thanks RAS - our posts crossed. I'll let him know. Seems a bl00dy cheek that the tenant has given his details out for a reference considering the circumstances.

I hear you with the law side of it - it's just got me so angry to have her accuse him of damaging stuff when he didn't, and the housing woman was so snotty, so I worded it to read that maybe the items aren't actually broken and the tenant is mistaken...

Funny how she replied to say the matter won't be discussed again. So, no need for freecycle etc.

I know the housing advisor is just doing her job but when this stupid old soak is going in playing the poor me card and lying about things, it really pees me off as I know what a nasty obnoxious thing she really is, swearing and staggering in the street in front of children etc.

As for the Section 8 and 21 - no, not yet as he can't afford it due to having to fork out for his own place! It's going to be about £250 according to the solicitors (and then some...) and all of them want paying up front. He (nor I) have that kind of cash spare. But, seeing as there are reference requests etc she must be looking to leave.

What a bl00dy palaver! I wish I'd never offered to help the stupid ars3 of a brother now! :rotfl:

RAS

What the tenant will do is buy a very expensive cooker, charge this against her arrears and then your brother's S8 and LHA request to be paid direct both fail. It is not what you want. Wise up.