Landlord wants friend out this weekend

Twiggy_34

inapickle2011 wrote: »

Thanks all, she's feeling so much better now I'm reading your replies to her. I feel for the next tenant these get, especially if they don't do the repairs before they get in. She wonders what she should put in the letter to make it sound like she knows what she's talking about? Should she mention her CAB visit? You guys are great.

You keep making reference to outstanding repairs, but did your friend actually report the problems to the LL and does she have proof of this? If she did report it and no repairs followed and the place is in as much disrepair as it sounds, then I can't help but feel that your friend was just as much of a fool to continue living in the place? (Sorry, that possibly sounds harsher than intended).

It's a curious situation, I feel for your friend finding themselves in a situation that they have been unable to pay their rent, but it doesn't sound like they prepared for any 'worst case scenarios'. Wherever possible (and of course income permitting) an emergency stash of cash has to be a must for anyone renting or paying a mortgage, to prevent this situation or at least minimise the damage.

Hopefully some slightly more constructive feedback though - I don't think you explained what the circumstances were for missing the rent payments (unexpected unemployment maybe?). There are a number of services out there which might be able to assist with financial support until she can straighten things out again (at which point she might want to consider new accommodation if she hasn't already left this place). A friend of mine found herself in a spot while she used up all her savings while out of work. If I recall correctly, she was able to get support from JSA and/or her local council to fund (at least some of) her rent for a while.

I take it your friend did the dutiful thing and notified the LL as soon as they realised they were in a pickle and were unable to pay their rent? If so it's sad that they weren't able to reach an agreeable arrangement (e.g. inflated rent for X months until the outstanding sum was cleared), but I guess I can also see the LL's point of view, especially if maybe they depend on that rent as part of their disposable income.

inapickle2011

Thanks Twiggy. Yes she reported problems and was always told they'd sort it, never happened no matter how many times they were told. Sadly as millionaires with an inherited house from the mother they just liked getting the cash it seems.

The rent arrears happened due to a mix up in her finances, she did get straight on when she knew but still the letter came and LL's mother kept phoning and also phoning her family who she has no connection with so they now know her business too.

She tried sorting it calmly but LL's mother likes to put her nose in and rants and raves about things that really I don't think she has a clue about.

She's now writing a letter stating she will be out in 60 days to save them court costs etc. Hopefully that will get them off her back as the stress is making her very ill.

Twiggy_34

Thanks for filling in the voids. I'm definitely more sympathetic now toward your friend. I found myself making the transition from a tenant of many years up until 18 months ago when we bought our own place, to suddenly inheriting my dad's house (with my sister) which we decided to let out.

A lot of people (especially on here) seem quick jump down the throats of landlords, but not all of us are bad. It's been a steep learning curve for my sister & I, but we did loads of research to try make sure everything was fair for both us and our tenants. We spent months doing the house up to a nice/reasonable standard before entertaining the idea of looking for tenants and typically there have been a stupid number of teething problems since they moved in (why does it always happen that way?!). Thankfully though I live round the corner and they've always let me in the same day to inspect the problem and establish what course of action needs to be taken. I've either fixed the problem myself (leaky outside loo cistern) or had my handyman friend or electrician get in touch with them directly to negotiate a suitable time to visit. It makes sense to me that to protect the "investment" we have to look after our tenants, and that it works in our favour if they're kept happy and aren't in any hurry to move out!

Anyway, I've digressed a bit, but if they were to tell me they had problems and they were only short term I'd do what I could to help them out. They were very good only the other day when one of their employers messed up their pay and they couldn't pay the rent on time, but they had it sorted and in our account within 2 days, so they're always earning brownie points for good behaviour! lol

benjus

Twiggy_34 wrote: »

A lot of people (especially on here) seem quick jump down the throats of landlords

I think most of the people who have given advice on this thread are actually landlords themselves. It's frustrating seeing landlords who take the **** and give us all a bad name.

Twiggy_34

benjus wrote: »

I think most of the people who have given advice on this thread are actually landlords themselves. It's frustrating seeing landlords who take the **** and give us all a bad name.

Sorry, I didn't necessarily mean this specific thread when I said that, just MSE forums in general, no offence intended! :beer:

Guest101

The three important things are: Do not open the door, be ready to call the police, have a video camera ready to record things.

WHATEVER your friend does, do not turn the camera off. No matter what they say, your friend is perfectly entitled to film, 100% guaranteed.

inapickle2011

Message from friend: Thank you all, you've all been great and I hope those of you that are LLs continue to be excellent and don't forget those gas checks

Thanks guys.

rpc

00ec25 wrote: »

- LL cannot physically evict without an eviction notice obtained in court.

LL cannot physically evict at all.

If T doesn't leave after the eviction notice, LL must return to court to enforce. Bailiffs can then pick you up and put you on the pavement.

This is a civil dispute, if a LL attempted to resolve it with force then that would be a criminal offence.

benjus wrote: »

In that case, if the landlord brings a Section 8 claim against her, she may have a case to counter-claim for disrepair, which could further delay any eviction.

That is not a defence. If the S8 notice was correct and there were two rent payments outstanding on both the date of service and the date of hearing, the possession order will be granted.

It would be a defence if the repairs had been made using the Lee Parker v Izzet method and the "arrears" were the money spent on repairs (you would argue that there were no arrears). But that isn't the case here.

I_have_spoken

If your friend was to get preggers, she's be OK in the house for maybe 12 months, rent free.

HappyMJ

I_have_spoken wrote: »

If your friend was to get preggers, she's be OK in the house for maybe 12 months, rent free.

By what rules?