Problem tenants, advice needed

Watalie

AnnaEBA wrote: »

I've been a landlord for a long time, thanks, and have never had a problem before.

They're in breach of the tenancy agreement by having pets, even if they claim they weren't theirs.

What tennancy agreement?:rotfl:

Seriously, surely you accepting their rent implies an agreement anyway?

AnnaEBA

Incyder wrote: »

you cant have it both ways, you just said they have no agreement as you didnt sign it.

So assuming I send them the contract I can get rid of them?

tamarto

Incyder wrote: »

you cant have it both ways, you just said they have no agreement as you didnt sign it.

Exactly how could they know there was a no pets clause, you've had their copy of the agreement since they signed it.

tamarto

AnnaEBA wrote: »

So assuming I send them the contract I can get rid of them?

still no. :cool:

AnnaEBA

tamarto wrote: »

still no. :cool:

Please explain why?

AnnaEBA

tamarto wrote: »

Exactly how could they know there was a no pets clause, you've had their copy of the agreement since they signed it.

I would assume they read it before they signed it.

Wee_Willy_Harris

Regardless of what scrap of paper is or isn't signed, and by who, what you have is a tenancy, the minimum period of which is 6 months. Though I suspect that your tenants and your agents signature may convince a court that the 12 month agreement stands. However, either way, a tenancy agreement is, in essance, TENANT pays rent, LANDLORD provides accommodation. If you need them out of the agreed address before the end of the tenancy, then you have a DUTY to provide alternative accommodation.

The above assumes that the tenant won't agree to just walk away from their home at your request. Perhaps you should consider an inducement?

I'll let others tell you all about harassment, tresspass, illegal eviction, councils powers to recharge for repairs, prosecuting authorities, etc etc etc..... Pretty much ALL the basics of LL+T law.

At least you protected the deposit, so credit for that!

RAS

You gave them a 12 month AST. You cannot remove them prior to that date unless they get seriously behind with the rent.

You can however make mutual arrangments to repair the house. You need everything in writing.

tamarto

AnnaEBA wrote: »

Please explain why?

Because they have a 12 month AST.

AnnaEBA wrote: »

I would assume they read it before they signed it.

Are they expected to remember every detail? Besides it doesn't matter, you still can't evict them because of it.

*miaomiao*

How about another reading of the Housing Act 2004, to start? The tenants do have a legal tenancy as you have accepted their deposit and monthly rent, regardless of your not having signed the contract.

I would advise your tenants to change the locks (which is also within your rights even if you have specified that they cannot do so in the contract - an unenforceable clause) because what you have done is considered harassment by accessing the property without notice and their permission.

Tenants do have considerable costs to budget for in moving, not to mention needing to take (possibly unpaid) time off work. In this case, your mistakes and bad management would incurr costs to the tenants that would be caused by your mistake in not allowing enough time between tenancies.

As a landlord you do not have the right to limit their guests.

As for the repairs, you cannot just ignore these until the tenancy ends September 2011.

Your only hope lies in offering the tenants an incredible refund of their monies paid. And in the meantime, please join a LL's association and get fully informed of what you can and cannot do. You may own the house, but it is the tenant's home until the tenancy ends. Sounds like the tenants are incredibly reasonable and you do not appear to value this.