THREATS by TENANT

milky_

oldskoo1 wrote: »

You don't want to go the not so legal way. Yes they do have rights. Just like the squatters I had for months.

Don't worry about other landlords. This is your cash, your property and your problem.

Don't discount paying them off. You might have them out in no time and the stress will go away and new tenant lined up.

Really? but isnt paying them off not a legal way too?

jamie11

milky_ wrote: »

Y He said if i do make the allegation and it goes to court then that will void my section 8 notice because i can't go to court twice at the same time if that makes any sense.

That is utter rubbish, your S8 would be a totally different matter to any charges that police may bring regarding threatening behaviour. They would not even be heard in the same court.

These tenants at least need to have it explained to them that they are storing up trouble with their behaviour and threats.

I would be making a formal complaint by now.

BitterAndTwisted

JOIN THE NLA as Clutton and others have recommended. Please. This is not something you should attempt to do on your own and risk screwing it up: there is much too much at stake here.

If you choose to draw up an agreement to formally surrender the property AFTER you have issued both the S8 and S21 notices perhaps for a consideration in recognition of their difficulty in securing their onward move, all well and good. But only consider doing this with experts holding your hand.

I DO NOT want to read an update in a couple of months from you telling us all that these swines are still in your property or worse.

Yorkie1

milky_ wrote: »

Yes i did go to the Police yesterday in fact, they offered NO SUPPORT and they shouted at me (don't like being shouted at)...anyways i told them that i wanted to make an allegation statement about the threat (arson) they said that i should not do it because the two nutters (tenants) will make counter allegations against me saying that i have been harrassing them! He said if i do make the allegation and it goes to court then that will void my section 8 notice because i can't go to court twice at the same time if that makes any sense..i'm sorry i just can't get my head round giving into their demands and paying them to leave it just makes no sense to me

i dooooooo want to save the world! aahh boo

It's absolute B*ll*cks. Excuse my French.

milky_

Yorkie1 wrote: »

It's absolute B*ll*cks. Excuse my French.

i dont understand why did he lie or make that up then? thought the police were there to help law abiding citizens instead they just seem to help the scrounging free loaders

milky_

jamie11 wrote: »

That is utter rubbish, your S8 would be a totally different matter to any charges that police may bring regarding threatening behaviour. They would not even be heard in the same court.

These tenants at least need to have it explained to them that they are storing up trouble with their behaviour and threats.

I would be making a formal complaint by now.

Thanks i will do this, hopefully this time i won't get fobbed off again!

milky_

oh i just wanted to add that one of the officers had the nerve to say "u got insurance, why u worried then, let them burn it"

G_M

1) Threats of arson are criminal matters, for the police to deal with. Pursue this. Go higher. Make formal complaint.
2) A S8 Notice is a civil matter. Nothing to do with the police. There is no connection legally, and no contradiction/issue with doing both.
3) However the police are right to warn you that the tenants might respond/retaliate with counter-complaints, and yes, harassment is also a criminal offence. So that is a risk.
4) having said that, dealing with the tenants in several different ways is a good idea - as long as there is no conflict (see 5)
5) I believe the warning you received that a covering letter with the S8 might compromise it. It depends what it says, so you need advice, and to be very careful. For example, if you offered them an alternative (ie cash to surrender their tenancy early) or misadvised them (ie when trying to explain what the S8 means) you might invalidate it. I am not an expert in S8s - I'm just urging you to ensure you get advice and get it right. The safest option is no covering letter. Just a legal document that achieves its goal of getting you a (successful) court hearing.
6) Apart from considering the police again, ignore the arson threat. There's nothing you can do. That's why you have insurance. Make sure it's up to date, and re-read the policy to ensure it covers tenant malicious damage etc so the insurer cannot wriggle out of any claim
7) Any deal you reach regarding cash (or write-off of arrears whatever) in return for Early Surrender of the tenancy, get it written AND EXECUTED AS A DEED with a witness, and get it signed by ALL joint tenants, and get the keys. Only then do you hand over any cash etc. Again, get advice.
8 Negotiate up. Start by offering to withdraw court action and save them the court costs. Then offer a token payment. Then to write off arrears. Etc. At each stage, stand firm and appear to be unwilling to go further, otherwise they will just keep asking for more. As suggested, have a friend with you and or ask/pay someone to negotiate for you. Have paperwork ready so if they say yes, you can get signatures there and then - don't leave them time to reconsider/come back and ask for more.

Good luck.

tbs624

OP - G_M's suggestions are good ones.

Stop phoning/turning up in person to (a) the Ts/the tenanted property and (b) the police station. Keep all future dealings brief and to the point , in writing, with copies kept.

If you find that you can't deal with it all calmly and professionally then use a third party.

milky_

The two thugs (tenants) smashed all the windows and front door of the house.
Can someone advise what i can do in regard to the little support i have got from the police through all this?
When i first reported the threats to the police they did nothing, now that they have acted on the threats still the police do nothing, the thugs deny they were involved even though a neighbours identified one of the culprits as one of the tenants friends that regularly visits them. So they obviously got their friends to do it so they sit there playing innocent.

All the police say is: its being investigated, they do not even question or arrest these thugs and allow them to stay in my house!