How can I evict my tenant in rent arrears when I didn’t protect deposit

Balabalabala_and_Volare

Pennysmakepounds wrote: »

The problem with the law (in my opinion) is that it makes NO distinction between the two (eg. People who genuinely need help and those that are taking the pi*s.) and thus we have this issue where bad tenants feel they can simply abuse the system.

So we should leave it up to the subjective opinion of the bitter, out of pocket LL?

Pennysmakepounds wrote: »

Say what you will but most LL have spent years upon years working and making sacrifices to be able to save and buy an investment property, why should they have to go through months of anguish and legal ramblings when they can clearly see that the tenant is taking the pi*s.

Having spent all those years working and making sacrifices for their investment, wouldn't it be wise to carry out some due diligence on any prospective tenant?

Deposit only paid in part? Check.
Council assistance to pay deposit as no savings? Check.
Rent considerably higher than HB award? Check.
Clueless on regaining possession of tenanted property? Check.

What could possibly go wrong?

Pennysmakepounds

Balabalabala_and_Volare wrote: »

Deposit only paid in part? Check.
Council assistance to pay deposit as no savings? Check.
Rent considerably higher than HB award? Check.
Clueless on regaining possession of tenanted property? Check.

What could possibly go wrong?

Can't argue that the LL made some fundamental errors.

The problem is some LL get greedy and advertise the property at the VERY top end of the market rate for the area, which means the interest is limited and picking are slim when it comes to finding a decent tenants.

My personal opinion is that you should advertise at a lower rate than others in the area.

This has two main benefits in my opinion:

• The interest is high so you can be picky about who you let it to.
• The property will let a lot quicker and thus the overall rental income is similar to one that is priced high an sits empty for a few months.

But what do I know J

Crashy_Time

Comms69 wrote: »

Yes.


You need to serve correct notice in the correct manner

How would the landlord have collected the rent from me after I had left? What is the correct manner to serve notice?

Pennysmakepounds

Crashy_Time wrote: »

How would the landlord have collected the rent from me after I had left? What is the correct manner to serve notice?

According to some, Landlords are the evil villains with magical powers, who live in ivory towers with their mountains of gold and pray on the soles of the innocent non rent paying tenants.


I'm sure with all their magical gifts they can get money from tenants no matter what the circumstances.

Comms69

Crashy_Time wrote: »

How would the landlord have collected the rent from me after I had left? What is the correct manner to serve notice?

Collect rent from you? well via the courts if necessary.


Correct notice is usually stipulated in your agreement; or conversely if a SPT then it is 1 rental period; in writing served to the address where notice should be served (in your agreement)

Pennysmakepounds wrote: »

According to some, Landlords are the evil villains with magical powers, who live in ivory towers with their mountains of gold and pray on the soles of the innocent non rent paying tenants.


I'm sure with all their magical gifts they can get money from tenants no matter what the circumstances.

I'm not saying that. Just because money is owed, doesn't mean it gets paid. But the landlord could, if they so chose, hire a tracing agent, serve papers and take it to court.

Crashy_Time

Comms69 wrote: »

Collect rent from you? well via the courts if necessary.


Correct notice is usually stipulated in your agreement; or conversely if a SPT then it is 1 rental period; in writing served to the address where notice should be served (in your agreement)





I'm not saying that. Just because money is owed, doesn't mean it gets paid. But the landlord could, if they so chose, hire a tracing agent, serve papers and take it to court.

You are shifting the goalposts, we were originally talking about the legal technicality of failing to give notice in the correct manner leading to a landlord "still charging you rent". In the real world this is so remote a possibility IMO it isn`t worth worrying about, most landlords are just trying to get another tenant as quickly as possibly and work out their tax liability, when you pay the last months rent and hand back the keys you are gone.

Comms69

Crashy_Time wrote: »

You are shifting the goalposts, we were originally talking about the legal technicality of failing to give notice in the correct manner leading to a landlord "still charging you rent". In the real world this is so remote a possibility IMO it isn`t worth worrying about, most landlords are just trying to get another tenant as quickly as possibly and work out their tax liability, when you pay the last months rent and hand back the keys you are gone.

No legal technicality. That is the law, and rent is still payable.


The practicalities might be different; but the law is the law

Crashy_Time

Has the tenant shifted themselves yet?