Small Claim Court - Tenant in arrears

Slithery

If the LL can provide proof that they have been trying to arrange checks and the tenant has repeatedly refused entry then the judge can decide that the S21 is still valid.

pinkshoes

ProDave said:

So reading this and how much "rights" a tenant has, I conclude the following:

EVEN if all paperwork, EICR, gas etc was valid at the start of a tenancy, if the tenant simply ignores all correspondence and refuses access and gets away refusing access until EICR, gas etc have expired,  then through no fault of the landlord, An S21 will be deemed invalid and thrown out of court.

Is that a correct understanding of the situation?

Incorrect.

If a landlord can prove that they have written to/contacted the tenant requesting access for the required gas safety checks and the tenant has refused then the S21 will still stand. 

Mrowka

I have that evidence. 

Assuming tenant will move out in October, how to deal with damage to the property? Should I get agency to do inventory report or call police and report damage?

user1977

Mrowka said:

Should I get agency to do inventory report or call police and report damage?

Why would the police be involved?

AdrianC

Mrowka said:

I have that evidence. 

Assuming tenant will move out in October, how to deal with damage to the property? Should I get agency to do inventory report or call police and report damage?

1. Deposit deduction, with check-in and check-out photographic evidence (you DO have check-in photos, right?), and let the arbitrators sort it.
2. Anything above the deposit, THEN you go small claim.

Why on earth would the police get involved?
It's simply a business's financial debt, no more.
You wouldn't expect the police to be interested in you paying your phone bill late, would you?

davilown

Mrowka said:

I have that evidence. 

Assuming tenant will move out in October, how to deal with damage to the property? Should I get agency to do inventory report or call police and report damage?

I think you really need to understand what you are saying - why on earth would you waste police time with damage to a property caused by the individuals who are legally living in it as their home?

What are you paying the agency for? That should be their job to undertake and then sort out from the deposit, assuming it’s been protected. If not, then that is potentially going to cost you the possible rent owed.

Mrowka

Why I would waste police time? If someone makes damage to your residential property and you catch him doing so, would you call the police? I would. What is different here? I am not aware of any damages until I enter the property. So as soon as I have discovered damage and tenant is still here or not I want it to be reported and recorded so later can be used in court. And if police decide not to turn up at least i will have case number. 

user1977

Mrowka said:

Why I would waste police time? If someone makes damage to your residential property and you catch him doing so, would you call the police? I would. What is different here? 

If somebody broke into my house and caused damage, a crime (or several) would have been committed. Whereas there's nothing you've said which suggests your tenant has committed a crime.

AdrianC

Mrowka said:

Why I would waste police time? If someone makes damage to your residential property and you catch him doing so, would you call the police? I would. What is different here?

Simple.

It might be your property, but it's the tenant's home, and you have a legal responsibility to leave them in quiet enjoyment of it.

WHEN they move out, and not before, THEN you can seek financial redress for any damage above reasonable wear and tear. Until that point? It's quite simply not your problem.

You appear not to begin to understand the most basic concepts of the business you have chosen to run. "But I pay an agent" is not an excuse. It is YOUR legal responsibility.

grumiofoundation

Mrowka said:

Why I would waste police time? If someone makes damage to your residential property and you catch him doing so, would you call the police? I would. What is different here? I am not aware of any damages until I enter the property. So as soon as I have discovered damage and tenant is still here or not I want it to be reported and recorded so later can be used in court. And if police decide not to turn up at least i will have case number. 

You really can't see a difference? Really?

It's not your residential property. It is/was (depending on the point at which you decide to waste the police's time) the tenants home at the time of any damage.

A case number (if you get one) won't help your court case anyway. You need to prove the damage.

However maybe where the police could/should be called is if you go round and peep through the windows of someone else's home looking for damage! 


Anyway got to go, need to call the flying squad because an eBay parcel hasn't been delivered yet.