Feeling at my wits end with tenants, don't know what to do (Scotland)

theartfullodger

And what are those other several reasons for eviction that you can tell the FTT about, please?

slainte

Slithery

Phil4432 said:

Just get rid of them.  You don't need people like this in your life.

Please explain how the OP can legally evict within the next couple of years

If it was a viable option then they would already be proceeding down this path.

[Deleted User]

Slithery said:

Phil4432 said:

Just get rid of them.  You don't need people like this in your life.

Please explain how the OP can legally evict within the next couple of years

If it was a viable option then they would already be proceeding down this path.

Simple, serve the appropriate notice and then go to the FTT for an eviction notice.  This isn't England, eviction orders are still being granted in Scotland.  There has been some in 2021 already.

mrlegend123

scottishblondie said:

Joyful said:

Surely there must be a way for you to get them to leave for the repairs to be done. What happens if the floor gives way due to damp? Health and safety should be a point here. 

Fortunately it's only about a 3 inch drop to the concrete slab, so I doubt that there would be any serious injury.  We have also already laid plywood over the worst areas as a temporary measure.  But I have pointed out to them that by refusing to leave I can't make any repairs, and they will need to live with it as is.

mrlegend123 said:

mattyprice4004 said:

mrlegend123 said:

Business risk for the landlord (major repair cost), BTL is not always risk-free win-win,
Tenants should be allowed to live there rent-free or at a reduced rent
Finally, don't use the dog as an excuse for eviction.......

Why on earth should they be allowed to live there rent-free? The landlord is offering to repair, if they're going to be fussy then that's on them.
I'm a lardlord, and a tenant that told me they're not moving out for repairs to happen (and bear in mind it's their fault for not telling the LL sooner!) and wants free rent would be sent packing.

Landlord is legally responsible for the repair and not the tenants. Landlord should be offering to carry out the repair..... 
Also, the tenants might not of known how serious the damp problem was?
Remember BTL is a business therefore risk management. 

At the risk of feeding the trolls... I don't think you actually read what I wrote.  As has been said I want to repair.  I'm trying to repair.  I have fa contractor and alternative accommodation lined up ready to go for the 1st of February, which they are declining to allow.  I've repaired everything that has gone wrong in that flat during their tenancy as quickly as is humanly possible once they've reported it, but this is work that cannot be carried out if they won't co-operate.

They absolutely knew how bad the problem was.  As soon as they reported it they started demanding I repair immediately because of how bad it was, complaining it had been like that for months.  They simply didn't report it because they weren't paying their rent and didn't want to give me any opportunity to open a dialogue about that.  It's a pattern they've displayed over the whole of their tenancy.

And I had no intention of using the dog as a reason to evict them, I only mentioned it as it complicated finding them alternative accommodation.  I have several other perfectly legal reasons to start eviction proceedings without bringing the dog into it.

I am not a troll. I just said BTL is a business and it is not risk-free win-win. Hence why I have stayed in the stock market and BTL is not worth it due to regulation. 

The problem could have started minor/unnoticeble and the tenants only reported it when it got worse? Also, people do have different intelligence levels. 

Also, we are lock down and they may not be able to afford the rent remember mortgage holders were given holidays etc. Remember there is always two sides to a story. On forums, we always hear one side.....

scottishblondie

I haven't hassled them about the rent at all.  I know that money will have been tight as they are a single income family with the breadwinner working in hospitality.

theartfullodger said:

And what are those other several reasons for eviction that you can tell the FTT about, please?

slainte

• 8. Three months' rent arrears
• 11. Persistent delay in paying rent
• 12. Some rent unpaid
• 14. Deterioration of the house or common parts

Slithery said:

Phil4432 said:

Just get rid of them.  You don't need people like this in your life.

Please explain how the OP can legally evict within the next couple of years

If it was a viable option then they would already be proceeding down this path.

I can still apply for eviction, it will just take longer than normal due to the increased 6 month notice requirement.  The only reason I've not started the process yet is that I feel guilty.  Trying to put a family out on the streets when we're in the midst of a pandemic doesn't give me the warm and fuzzies, no matter how bad tenants they've been or how unreasonable I think their behaviour is.  Like I said, I don't think I really have the stomach to be in this business anymore.

Skiddaw1

I can't be of any help, but just wanted to say I really, truly don't think you have anything whatsoever to beat yourself up about. No LL could have been more accommodating than you have been. I know it's easy to say and harder to do, but please don't feel guilty. Things have simply reached the point where they've backed you into a corner and you're running out of all viable options.

martindow

Would contacting Environmental Health achieve anything?  Normally it is tenants trying to get work done.  But if the LL notifies them of the situation and the efforts made so far to resolve this do they have powers to force the tenants to move to the alternative accommodation for the work to be done?

macman

Don't overlap the issue of unpaid rent with the issue of repairs. They cannot reasonably withhold rent because of the declining condition of the property (which they refuse to let you rectify anyway), not can you decline to repair just because they are in arrears.

Assuming that they are willing to continue living there despite the state of the facilities, which seems to be the situation, they are only going to leave when evicted. You have grounds to proceed with eviction based on the 3 months arrears of rent. Or you let them remain, the property will continue to deteriorate, and they continue to build arrears. Yes, they may cease to pay any rent at all once notice is served, but either way you are going to lose money that may never be recoverable.

There really isn't any middle way here: you either take legal action or take none. This is a business relationship, whether you view yourself as a professional LL or not. You are not their social worker, and seem to have done everything possible to accommodate their obstructiveness.

Crashy_Time

mrlegend123 said:

scottishblondie said:

Joyful said:

Surely there must be a way for you to get them to leave for the repairs to be done. What happens if the floor gives way due to damp? Health and safety should be a point here. 

Fortunately it's only about a 3 inch drop to the concrete slab, so I doubt that there would be any serious injury.  We have also already laid plywood over the worst areas as a temporary measure.  But I have pointed out to them that by refusing to leave I can't make any repairs, and they will need to live with it as is.

mrlegend123 said:

mattyprice4004 said:

mrlegend123 said:

Business risk for the landlord (major repair cost), BTL is not always risk-free win-win,
Tenants should be allowed to live there rent-free or at a reduced rent
Finally, don't use the dog as an excuse for eviction.......

Why on earth should they be allowed to live there rent-free? The landlord is offering to repair, if they're going to be fussy then that's on them.
I'm a lardlord, and a tenant that told me they're not moving out for repairs to happen (and bear in mind it's their fault for not telling the LL sooner!) and wants free rent would be sent packing.

Landlord is legally responsible for the repair and not the tenants. Landlord should be offering to carry out the repair..... 
Also, the tenants might not of known how serious the damp problem was?
Remember BTL is a business therefore risk management. 

At the risk of feeding the trolls... I don't think you actually read what I wrote.  As has been said I want to repair.  I'm trying to repair.  I have fa contractor and alternative accommodation lined up ready to go for the 1st of February, which they are declining to allow.  I've repaired everything that has gone wrong in that flat during their tenancy as quickly as is humanly possible once they've reported it, but this is work that cannot be carried out if they won't co-operate.

They absolutely knew how bad the problem was.  As soon as they reported it they started demanding I repair immediately because of how bad it was, complaining it had been like that for months.  They simply didn't report it because they weren't paying their rent and didn't want to give me any opportunity to open a dialogue about that.  It's a pattern they've displayed over the whole of their tenancy.

And I had no intention of using the dog as a reason to evict them, I only mentioned it as it complicated finding them alternative accommodation.  I have several other perfectly legal reasons to start eviction proceedings without bringing the dog into it.

I am not a troll. I just said BTL is a business and it is not risk-free win-win. Hence why I have stayed in the stock market and BTL is not worth it due to regulation. 

The problem could have started minor/unnoticeble and the tenants only reported it when it got worse? Also, people do have different intelligence levels. 

Also, we are lock down and they may not be able to afford the rent remember mortgage holders were given holidays etc. Remember there is always two sides to a story. On forums, we always hear one side.....

BTL is certainly not risk free, but the tenants must be obliged to let major repairs go ahead?