A horrific 'bad tenants' tail

ValHaller

Full_of_angst wrote: »

They were on a 6 month contract followed by a rolling monthly contract. If they didn't like the monthly contract then there was nobody stopping them from moving out and getting something with a longer term contract to make it more permanent for them. They knew the house was on the market when they first began to rent it.

However, no private renters will entertain them now as neither the letting agent nor my mother will give them a reference, they won't dare ask for one.

The reason why it went on so long was because it suited them because they were paying a very low rent!

I've obviously just touched a few raw nerves. That was not my intention.

Just because somebody else has a more horrid experience doesn't negate the experience of others.

Your problem on this site is simply this:

• You tried selling the place with tenants in situ
• You let the tenants away with reduced rent
• You tried selling the place with tenants in situ and in control of the viewings

and come and ask advice on securing your stable door after the tenants have well and truly bolted. There is nothing left to do apart from see the humour in the situation because:

• You let it get as far as the tenants leaving

Yes you have recourse for the rent if you can prove the payment history, can find the tenants and they have the net worth. But as for damages for sabotaging the viewings for sale. just view your losses as a tax on naivety. Of course they are going to try and put buyers off if it keeps a roof over their head for longer.

Full_of_angst

ValHaller wrote: »

Your problem on this site is simply this:

• You tried selling the place with tenants in situ
• You let the tenants away with reduced rent
• You tried selling the place with tenants in situ and in control of the viewings

and come and ask advice on securing your stable door after the tenants have well and truly bolted. There is nothing left to do apart from see the humour in the situation because:

• You let it get as far as the tenants leaving

Yes you have recourse for the rent if you can prove the payment history, can find the tenants and they have the net worth. But as for damages for sabotaging the viewings for sale. just view your losses as a tax on naivety. Of course they are going to try and put buyers off if it keeps a roof over their head for longer.

I agree.

Gosh, had no idea I was opening such a can of worms.

I'm not a bad person honest. And I wasn't the one renting it out, it was my mother and the letting agent.

There were some helpful replies, but I'm really quite sorry I asked now as I seem to have inadvertently opened a bit of a can of worms!

Full_of_angst

Just seen the newbie badge next to my profile.

Give newbies a chance, or throw eggs at them for not knowing as much as everyone else.

Full_of_angst

sandsni wrote: »

Letting agents aren't always fully conversant with LL regulations even if they lead you to believe they are. As Werdnal says, your mum doesn't have the legal right to "use up" the deposit for anything without going through the proper procedures with whatever deposit protection scheme she used. If the deposit wasn't protected and the prescribed information given to the tenant she could be in for a bigger shock. The "proper letting agent" should have known that and should have made your mum aware of it.

It was agreed between the tenants a long long time ago to use their deposit for the rent reduction.

olly300

Full_of_angst wrote: »

I agree.

Gosh, had no idea I was opening such a can of worms.

I'm not a bad person honest. And I wasn't the one renting it out, it was my mother and the letting agent.

There were some helpful replies, but I'm really quite sorry I asked now as I seem to have inadvertently opened a bit of a can of worms!

No you and your mother were naive.

Renting out property is a business.

If you have a house to sell you either sell the house or rent it out. You don't do both.

duchy

Why?
It's a useful thread for anyone renting their property but wanting to sell.....Get the tenants out before putting on the market as tenants don't like the uncertainty and possible disruption and it can change a good LL/Tenant relationship from very good to lousy in a flash.

duchy

Full_of_angst wrote: »

It was agreed between the tenants a long long time ago to use their deposit for the rent reduction.

Doesn't make it legal

Yorkie1

OP I think you've been treated rather harshly on here, particularly as it wasn't even you who was letting out the house.

I think you've said that the deposit wasn't placed in a deposit protection scheme? If this is the case, then I think it really is more advisable to let sleeping dogs lie, so to speak.

There is absolutely nothing preventing you (I mean your mum by this) from suing the former tenants for the outstanding rent and damage, using the online moneyclaim service for the country court. Usually this would be a good idea, in that the tenants will get a CCJ which hopefully would prevent them from doing the same to some other LL.

However, by doing so you may well find that the former tenants take legal advice and counter-sue for your failure to protect the deposit (penalty of 1-3 times could be ordered, as well as return of the deposit in full).

However, I would keep any photographs of the damage, and receipts etc, so that if they decide to take proactive court action against you, you can counter-sue in respose.

Good luck for the future.

sandsni

I apologise if my posts seemed harsh, I should have been a bit more understanding of your circumstances.

Having been through a pretty steep learning curve over the past 2 years while helping my elderly parents with their let property, I know exactly how you feel. We naively think that other people will treat a property the way we would and a letting agent will keep us right with all the regs, but unfortunately it's not always like that. Ultimately the buck stops with the LL (not the LA) and not every tenant will look after your property or pay the rent on time.

Hopefully your mum will learn from this and do a bit more homework and be better prepared before the next tenant moves in (if she decides to re-let). There are good tenants out there, you just don't read about them in forums like this :-)

But you're right, letting property isn't the easy option anymore and definitely not for the faint-hearted ;-).

Lizling

theartfullodger wrote: »

Surely "An horrific...."/QUOTE]

No, 'a' is fine. The h in horrific isn't usually silent, so the'a' or 'an' is followed by a consonant sound, making 'a' correct according to just about any current style guide. 'An horrific' looks like a hypercorrection.