Tenant left house - has rent arrears and the place is a mess...

paul1964_2

moneybunny123 wrote: »

But isn't this part and parcel of renting?

Yes it is - but only because the Landlord and Tenant Act makes it so. As I say, hardly tenant-friendly.

If I was living in someone else's home........

She was not, she was living in her home. There are plenty of landlords who do not grasp this concept.

moneybunny123

paul1964 wrote: »

Yes it is - but only because the Landlord and Tenant Act makes it so. As I say, hardly tenant-friendly.



She was not, she was living in her home. There are plenty of landlords who do not grasp this concept.

Do you know what, it is very rarely that I say that - more often than not I DO refer to it as HER home. However, it is MY property. She was in breach of her part of the contract. I've never been in breach of any part of mine (until entering the property yesterday - for which I had her permission)

moneybunny123

BitterAndTwisted wrote: »

If the bills are in her name the utility companies will try and chase her for payment, not you. This is another good reason for you having her forwarding address, so that you can pass it on to them.

I shall certainly be asking her for her new address (for the sake of bills, etc). However, I doubt she'll be forthcoming in giving it to me.

We shall see....

macman

BitterAndTwisted wrote: »

If the bills are in her name the utility companies will try and chase her for payment, not you. This is another good reason for you having her forwarding address, so that you can pass it on to them.

Nevertheless the OP should go in at once and get the meter readings to avoid possible later disputes with new tenants etc.

may_fair

moneybunny123 wrote: »

My tenant was given two months notice (as per the Tenancy Agreement) on 4th May. She has left today and I only discovered this because I contacted her yesterday to ask where LAST months rent was. (She has, for a long time, paid rent one month in arrears rather than in advance, but to be honest I was always glad that I at least got paid - albeit a month late, so I never gave her a hard time over this. I've issued receipts and she's always signed them off - so I have proof that she's a month behind in rent).

Is this an assured shorthold tenancy in England/Wales?
What date (dd/mm/yy) did the fixed term commence?
What was the length of term?
Was there a break clause and did you exercise it? if so, please quote the exact wording of the break clause.
Was it a s.21 notice you served?
What date did it expire?
Did T pay a deposit and, if so, did you protect it and provide T with the prescribed information?
What date did T vacate?

BTW, you don't need proof that the rent is unpaid; the contract shows what is due and if you claimed against T for unpaid rent it's the T who'd have to prove she'd paid it, not you who'd have to prove she didn't.

You say you had an inventory/check-in report done, which is great, but you also need evidence of damage, so don't clean it up/redecorate without gathering that evidence.

You say T is working, also great. It means you can enforce a CCJ with an attachment of earnings. Don't hold back on claiming for further rent in lieu of notice (if any is due, which'll depend on the answers to the Qs).

moneybunny123

Rest assured may_fair that I have followed the tenancy agreement to the letter. Notices were issued on the correct dates, correct Section 21 notice given, etc, etc.

However, her notice was issued on 4th May, and two months notice were given. She has now left (or will have at handover of keys this afternoon) BUT she didn't tell me she was planning on leaving early - technically, I know I can go after her for another months rent (as she should be there until 4th July.

As I said in a previous post, I was willing to overlook this matter as I'd far rather have it this way (that she's gone) than have her dig her heels in and needing a court order to evict her. But you think I should go after her for the remaining months rent? Hmmmm..... Not sure I'd get anywhere....

I will certainly follow your advice and photograph evidence of the disrepair, etc.

Werdnal

moneybunny123 wrote: »

I shall certainly be asking her for her new address (for the sake of bills, etc). However, I doubt she'll be forthcoming in giving it to me.

We shall see....

But I don't think you have answered the question raised about whether utility bills are in the tenant's name? Take meter readings the moment she moves out/surrenders the tenancy officially, and forward to the utility companies. Similarly tell the Council Tax. Assuming you put the bills in her name when she moved in, which is always advisable, the relevant companies will all chase her. If you didn't, they sometimes quibble about responsibility for payment.

may_fair

moneybunny123 wrote: »

However, her notice was issued on 4th May, and two months notice were given. She has now left (or will have at handover of keys this afternoon) BUT she didn't tell me she was planning on leaving early - technically, I know I can go after her for another months rent (as she should be there until 4th July.

As I said in a previous post, I was willing to overlook this matter as I'd far rather have it this way (that she's gone) than have her dig her heels in and needing a court order to evict her. But you think I should go after her for the remaining months rent? Hmmmm..... Not sure I'd get anywhere....

A s.21 notice is not a notice to quit; it does not end the tenancy nor oblige T to vacate. So regardless of the s.21, the tenancy continues until it is ended either by court making a possession order, or by T giving valid notice, or T vacating at fixed term expiry, or by mutual surrender etc. It's not the s.21 notice which makes T liable for rent, it's the fact that a tenancy is in place which makes the T liable for rent.

For example, if the fixed term ended tomorrow, and T vacated today, the tenancy would end tomorrow. It'd make no difference that LL had served a s.21 expiring, say, on 9th July. T would not be liable for rent up to 9th July because the tenancy would have ended on 7th June due to T vacating.

Please could you answer my questions and I will tell you what you could potentially claim in terms of unpaid rent. However, note that if you act in a manner inconsistent with the tenancy continuing, e.g. by entering without T's consent and carrying out cleaning/redecorating, then arguably there will be a surrender by operation of law and the tenancy/T's liability for rent would end at that point. But you need to answer the questions.

tbs624

moneybunny123 wrote: »

The Tenancy Agreement states that she must have the place professionally cleaned before she leaves (she hasn't), and the inventory states "magnolia cream walls" (many aren't, as she's redecorated whilst living there). There are holes in the walls where she's hung shelves, etc. The garden is overgrown, despite the Tenancy Agreement stating that it must be kept tidy, and the place just generally looks a mess.

The T is of course obliged to return the property in the same condition as when originally let to her, save for fair wear and tear.

Does your inventory adequately show the state of the property at the start of the tenancy and was it signed by both parties?

Note that the OFT views Ts being requested "to have the property professionally cleaned" as a potentially unfair contract term and suggest that the phrase "cleaned to a professional standard" is more acceptable.

When you agreed to the T redecorating did you clearly state to her , in writing, that the walls must be returned to their original magnolia state on exit?

Is that tenancy deposit scheme registered and did you pass the prescribed info to the T, as may_fair has already asked?

tbs624

moneybunny123 wrote: »

I shall certainly be asking her for her new address (for the sake of bills, etc). However, I doubt she'll be forthcoming in giving it to me.

We shall see....

T does not *have* to give their LL a forwarding address, even when things end amicably.

However, some experienced LLs choose to play a waiting game if necessary. A T will usually surface somewhere within a couple of months of moving on and will be traceable from records of one sort or another. Social networking sites can be very helpful.