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

FATBALLZ

jamie11 wrote: »

Nonsense. If anything the laws do not go far enough. A landlord can go as much as six months with no rent at all before he can manage to get out a non payer, all that time he is still having to pay his mortgage. There is no guarantee he will get anything out of the tenant even if he does win a money order either.

What's needed is a quick resolution when tenants do not pay their dues. If they are genuine, give them help. If they are not genuine boot them out.

Anybody who subscribes to the view that private tenants need even less security of tenure than they already have in this country isn't cut out to be a landlord. Go look at tenancy laws in mainland Europe if you want to see a society that actually doesn't treat private tenants like dirt.

jamie11

tbs624 wrote: »

( Sorry OP, for diversion but jamie11's comments are one-sided)

Yep! they were. However so were those of fatballz. I can also argue for the other side as well. To be honest I think the laws regarding tenants and landlords is a mess and needs to be rewritten from scratch.

moneybunny123

OK, the tenant has now handed over her keys BUT hasn't given me anything in writing (as such). I have text messages, but nothing in writing. I've asked for it, but she says it will be a few days before she can get it in the post to me.

moneybunny123

Werdnal wrote: »

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.

They're all in her name. But I was just making sure that they companies can't try and harass me for them.

FATBALLZ

jamie11 wrote: »

Yep! they were. However so were those of fatballz. I can also argue for the other side as well. To be honest I think the laws regarding tenants and landlords is a mess and needs to be rewritten from scratch.

I have a biased perspective perhaps but the people who know what they are talking about agree with me.

Here's an interesting article.

http://www.globalpropertyguide.com/Europe/United-Kingdom/Landlord-and-Tenant

UK law is pro-landlord

may_fair

moneybunny123 wrote: »

OK, the tenant has now handed over her keys BUT hasn't given me anything in writing (as such). I have text messages, but nothing in writing. I've asked for it, but she says it will be a few days before she can get it in the post to me.

It's fairly clear that you don't fully understand T's liability or how tenancies end, but if you answer my questions in post #26 then I and others might be able to advise you on how much money you're entitled to. But, if you don't care how much the tenant gets away with, fair enough, don't answer.

Meatballs

moneybunny123 wrote: »

OK, the tenant has now handed over her keys BUT hasn't given me anything in writing (as such). I have text messages, but nothing in writing. I've asked for it, but she says it will be a few days before she can get it in the post to me.

Text messages are in writing...

They are far more traceable and harder to repudiate than a piece of paper.

Then again, although we are in the 21st century how up to date are our judges?

taxsaver

moneybunny123 wrote: »

OK, the tenant has now handed over her keys BUT hasn't given me anything in writing (as such). I have text messages, but nothing in writing. I've asked for it, but she says it will be a few days before she can get it in the post to me.

This is the reason why I suggested to you that you had 'something with you' that you simply asked her to sign!

I would strongly urge you to provide that data that May_Fair asked you for as you will then find the guidance given extremely valuable.

moneybunny123

taxsaver wrote: »

This is the reason why I suggested to you that you had 'something with you' that you simply asked her to sign!
QUOTE]

It wasn't the tenant that met us at the property - it was her Father.

moneybunny123

may_fair wrote: »

Is this an assured shorthold tenancy in England/Wales? YES
What date (dd/mm/yy) did the fixed term commence? 05.04.09
What was the length of term? 6 months then periodic
Was there a break clause and did you exercise it? if so, please quote the exact wording of the break clause. Not that I know of (not really sure what you mean by this question)
Was it a s.21 notice you served? Yes
What date did it expire? The notice? Do you mean her "eviction date"? 4th July
Did T pay a deposit and, if so, did you protect it and provide T with the prescribed information? Yes (with DPS) and Yes.
What date did T vacate? Keys handed over yesterday (06.06.11) nothing officially in writing with a signature yet though.

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).

To add insult to injury, more damage has been discovered. I was more than prepared to overlook redecorating and cleaning costs, but we have now discovered that one of the carpets is missing (tenant claims it had to be ripped up after the toilet flooded). I was never informed of this, and I have no idea how, when or why it flooded. I imagine that they have blocked it themselves (with babywipes or nappies) and I also have a feeling that it may STILL be blocked. We're going round to the house later to find out, but when I text the tenant last night asking if it was blocked she claimed to have no idea as she never used that particular toilet (there are two others in the house, but this is on the ground floor. Who walks upstairs to use the loo when there is one on the same floor you live on?!)