Changing Locks on Problem Tennants

theartfullodger

Some might think fraud ...... assume tenants and/or their legal advisors are reading this thread.

DannyboyMidlands

If I were them I'd fork out for some proper legal representation.

Sunnylooloo

yep point taken - plus i really don't know all the ins and outs of what they said after the locks were changed.

Sunnylooloo

DannyboyMidlands wrote: »

If I were them I'd fork out for some proper legal representation.

I have said that to them

but I really do appreciate everyone's comments so far

antrobus

Sunnylooloo wrote: »

Thanks

she is coming round tomorrow with the paper work so i can have a proper look.

No she turned the utilities back in her name the moment they changed the locks - maybe not such a smart thing to do.

She has just sent me a text - apparently the council know what has happened and they are waiting to hear her and her husband's evidence as to why they did what they did............................

is this going to go from bad to worse

...........

In these circumstances I would say that the time has come to get some proper professional advice from a solictor.

Your friends should probably only respond to the council by stating that Messrs Run, Grabbit, and Sue are now acting for them. And they should do what they can to accumulate evidence of both a) the damage caused to their property and b) the threatening texts they have received with a view to making a complaint to the police ASAP.

Sunnylooloo

Thanks Antrobus

The stupid thing in all this - Mr Looloo is an estate agent and they have a lettings department there - they don't cover the area my friend lives in - but we could have got lots of advice from them and also helped getting references if she had blooming well asked back in april!

anyway I have sent an email to the lettings manager there and asked her to recommend a good solicitor.

I just feel so sorry for them this was there chance to move up and on with their new baby and now it has all gone a bit wrong!!

FireWyrm

Sunnylooloo wrote: »

Thanks Antrobus

The stupid thing in all this - Mr Looloo is an estate agent and they have a lettings department there - they don't cover the area my friend lives in - but we could have got lots of advice from them and also helped getting references if she had blooming well asked back in april!

anyway I have sent an email to the lettings manager there and asked her to recommend a good solicitor.

I just feel so sorry for them this was there chance to move up and on with their new baby and now it has all gone a bit wrong!!

When I inherited a house, I was renovating it to sell. A friend suggested that I get a tenant and rent it out for a year or so just to get some income.

I thought about it, I really did, but decided that frankly, tenants are too much trouble, the law is completely on their side and I didnt know the first thing about property law anyway.

I left the house empty for 6 months until I sold it rather than face the hastle of dealing with tenants. I'm sorry to say it, but your friends were idiots and this is probably going to cost them extortionate amounts of time and money to rectify even if they dont lose the house through fines, fees and the tax man nosing around.

This thread should be stickied as a salutory warning to all would-be accidental landlords out there as to why if you cant swim, you should keep your skinny !!! out of the water....

G_M

Sunnylooloo wrote: »

..... a cousin of her neighbour mistake 1) never rent to or via friends.family– and her mum just got a basic tenancy agreement from the good old internet….mistake 2)

Anyway…. The couple moved in – very hit and miss with the rent – no deposit was paidmistake 3) (I doubt very much they checked any references mistake 4)as it was a recommendation from the neighbour – who is mortified at their behaviour!!). It transpires that the reason no deposit was paid is because the woman is on housing benefitsmistake 5) and it should have been a bond from the council – this was never received. or chased? mistake 6) They had to chase for rent every month from the guy – it got paid in dribs and drabs. They decided they had had enough and served them with notice – again not sure how they did this – assume they went on the internet doubt they got it right - mistake 7) and got the forms/letters.

Then the couple went away for a week and left the house with windows and doors open and unlocked. So my friend and husband called the police and they went in and secured the property (after informing the tenants they were doing this) and they have changed the locks mistake 8)and moved all of the tenants property into the garagebecause....? mistake 9) – which they have given them a week to come and collect.!!! mistake 10) The tenants came back after their holiday and collected some papers but the rest of the stuff is in the garage. My friend thinks they are now living in some hostel.

On going in to the house – it is completely trashed………… they have smashed her ceramic hob, dirty, things broken…… you get the picture – there is also evidence of drug usage going on – and they also had a cat, which they had without permission.sorry - all irrelvant!

Things have got really nasty – lots of harassing texts from them threatening to beat up my friends husbandnot surprised - your friend's husband has made them homeless illegally!, doing more damage to the house etc….. and they are saying that they are going to sue them for making them homeless.Quite right too! She has also found out the woman was claiming housing benefit! None of your business!Yet it was the boyfriend that was paying the rent – so think there is also a bit of benefit fraud going on which is the icing on the cake!OK - report the bendfit fraud - does not affect the landlord/tenant issues though

My friend and her husband (and very young baby!) are beside themselves……I expect their tenants are too. They are homeless.

So legally…… have they done the wrong thing in kicking them out yes – should they have waited until the notice period was up and then sought an eviction order? Yes Can this couple take them to court? Yes Would they have a good case against them Yes– the fact they paid no deposit,irrelevant rent was late,separate issue not the full amount, separate issue they lied about the housing benefit, ,irrelevant they had a pet without permission,separate issue the damage they have caused to the property separate issue ……….

They have run up debt at the property (all in their own name which is one good thing!)Irrelvant to your friends

I wonder what people think, as I know that regardless of their behaviour tenants have certain rights.Too true!

They have also found out that the woman changed her copy of the tennancy agreement and forged my friends signature on it - basically reflecting the fact that they had not paid a deposit - she changed it to say that no deposit was needed.Could be fraud but makes little difference to the illegal eviction and the deposit issue is in the past now.

My friends know they have been a bit silly over this ie not checking proper references etc...... so they don't need to be told that they just need to know what rights these people have and whether they would have a good case to sue my friends..................!!!

Thanks

For future reference, this post gives a guide on how it should be done.

I wonder if your friends provided the tenants
* an EPC (legal requirement)?
* a gas safety certificate (legal requirement)?

I wonder if they have a mortgage and obtained Consent To Let, or have instead breached their mortgage contract?

I wonder if they are declaring the rent to HMRC for tax?

In addition to the illegal eviction, the tenants could shop yourfriends for any of the above (and more) if the tenancy has not been done 'properly' (which it clearly hasn't!).

The best hope is that the tenants do not pursue this, either through the courts or by demanding to be let back in. Offering a cash incentive to end the tenancy (agreed in writing) might be an option. If the tenants can be 'pursuaded' to agree to ealy surrender of the tenancy, this could be faster, cheaper, and less stressful than protracted and embarrassing court cases, and a renewing of the tenancy.

If not, there may be no alternative to letting the tenants back in (which means spending money making the property 'habitable' for thm!).

This is all going to cost. Insurance? Well, doubtless your friends' landlords insurance will cover the cost of malicious damage by the tenants won't it...........??

johnbusby

FireWyrm wrote: »

tenants are too much trouble, the law is completely on their side and I didnt know the first thing about property law anyway.

While I agree that accidental landlords should be very wary with renting I don't agree that the law is completely on the tenants side - in fact the exact opposite could be argued...

theartfullodger

As johnbusby says, particularly since Thatcher's Housing act 1988 and the notorious new no-fault evictions via. Section 21

Cheers!