What to do if a tenant has wrecked your house

Werdnal

What form did your "eviction letter" take? You as a landlord cannot evict anyone - only a court order can do that.

You can issue a Section 21 notice of possession, but as you have failed to protect the tenant's deposit you cannot issue notice yet. Protect it here:

http://www.depositprotection.com/

then provide the tenant with a copy of the scheme's "prescribed information". Then you can issue notice. However, this is may not get the tenant to leave, legally they do not have to - as once the 2 month notice expires, you then need to apply to court to gain a possession order to enforce the eviction. Even then the tenant may still ignore it, and you need to employ bailiffs to get them to leave.

Whilst you are licking your wounds over the tenant you have now to wait 2 months to apply for eviction, you might also want to read this:

http://forums.moneysavingexpert.com/showpost.php?p=41160642&postcount=12

to ensure you have complied with all the other legal obligations of being a LL.

I assume you did an inventory at the start of the tenancy, detailing each room, its contents, decor, fixtures and fittings and the condition of each? If not, how are you going to prove that the carpet didn't already have paint on it, and the rest of the property was in good condition? You may be able to claim the damages back through a moneyclaim, but without written proof, it might be your word against your tenant's!

teeni

Christina1975 wrote: »

Were do I get it protected. Do I just remove it from the account

Google tenancy deposit service.

then google solicitors dealing with housing law or at the very lkeast tomorrow morning ring the private tenancy officer at your local authority for help.

Werdnal

You will probably need help issuing the Section 21 correctly. If you need to go to court, the S21 must be spot on, otherwise judge will dismiss it and you start all over again! Dates in particular must be correct.

I think as you have already shown your naivity as a LL, you should find a solicitor to help (make sure they understand property law), as they can guarantee the paperwork is correct and save you time and major money in the long run. Last thing you want is for the 2 months to pass, only to find your documents and court application fail on a minor technicality and you have to start to whole process over again!

pinkshoes

As above, if you haven't protected the deposit, the S21 is incorrect, so you need to start again and do this CORRECTLY.

1. Protect the deposit in one of the three schemes IMMEDIATELY! Legally, you have to do this, and you won't be able to keep a penny of the deposit if you don't.

2. Once you've protected the deposit, THEN issue an S21.

Do you have a signed inventory?

At best, you can hope for her out in about 4 months, as she won't have to move out until the balifs turn up. If she hasn't got any money, then there's very little point chasing her for damages in court...

You might want to advise her that as she has failed to pay her rent, the council will NOT rehouse her as she is making herself intentionally homeless. Perhaps give her 14 days to pay ALL outstanding rent if she doesn't want you to inform the council of her rent arrears...

Yorkie1

In addition to all the good advice above, consider joining one of the national LL associations - the joining fee is tax deductible and they will advise you properly through this process.

Another point worth considering once you've protected the deposit, is whether to use a dual pronged approach to seeking repossession.

Once a T is more than 2 months' rent in arrears, you can also use the s.8 procedure which is quicker than the s.21 route. I believe (but don't go on my word) that you can issue proceedings under both routes, in case the T pays sufficient rent to bring arrears down below the 2 months' level.

PasturesNew

Do you have a detailed, accurate and signed inventory listing everything in the place and it's condition?

If not, then you can't prove she's done any damage at all.... and she walks away scot free.

theartfullodger

Christina1975 wrote: »

I have a tenant that has not payed for 2 months and has wrecked the house. We have trie to get in contact several times but she will not reply. We have served her a eviction letter for the 26th April. She has 3 kids and is on benefits as we have once received a house benefit cheque, but have phoned the housing benefits and they have no record of anyone claiming at the address. She is luring all the time to us I do not know were I go from here? We done a revamp on the property and spent £2500 on new carpets, decoration in October . She has painted one of the bedroom in a dark blue and it is all over the carpets. Plus has wrecked the furniture it is going to be more than her bond?

Is this for real?? So many spelling mistakes, grammar errors etc one suspects a troll...

Christina1975

Yes I did have a inventory signed and I did serve a section 21. And theartfullodger I am not a troll!

I thank everyone else for good advise and I will seek legal advise tomorrow

Werdnal

theartfullodger wrote: »

Is this for real?? So many spelling mistakes, grammar errors etc one suspects a troll...

Artful, I work on the principle that even if OP is "trolling", replying with genuine advice may help others who may read it. I too suspected someone up to mischief, but no harm in putting records straight as others may learn from the replies given!

TBH, however surprising it may seem to some of us, there are still LLs out there who do not know the first thing about the laws and regulations surrounding letting, and blunder on regardless until a tenant catches them out. These are usually the same LLs who then bleat on about "the law being biased towards the tenant", when if they had done a modicum of research into the letting game, they could have avoided the fiasco they have very often brought upon themselves.

I will never understand the mentality of anyone not doing all their homework before giving exclusive possession of the most expensive asset they will ever own to a complete stranger, but it takes all sorts to make a world .. and over time many of them may stumble in here !

Werdnal

Christina1975 wrote: »

Yes I did have a inventory signed and I did serve a section 21. And theartfullodger I am not a troll!

I thank everyone else for good advise and I will seek legal advise tomorrow

But you must understand, the S21 you have already served is worthless. You have not complied with the deposit protection regulations, so your first step is to protect the deposit NOW. Do it online through the DPS tonight - free, takes minutes and print off the prescribed information. You must send this to the tenant - first class, keeping proof of postage, then serve the S21 again, starting all over with 2 months notice. Wait a couple days before sending the S21 as the PI must arrive first to be valid. Send 2 copies of the S21 from 2 separate Post Offices, 1st class (not recorded delivery), and keep both proofs of postage. Notice is deemed served 2 working days after posting.

Whatever legal advice you get, without deposit protection your notice is going nowhere, so do that now and you are one step on the long road to getting your property back!