Small Claim Court - Tenant in arrears

davilown

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. 

I think you just need to evict your tenants (will take you a year to do this, cut your losses and sell this property.

Just reading your thread makes me think you have no common sense. 

YOU are the LL and it is all YOUR responsibility to ensure you follow the law to the letter. If you don’t, then YOU are responsible for any subsequent issues.

Your house is the TENANTS home.

If they damage it, they have till THEY move out to repair it.

You have NO unilateral right of access to THEIR home.

I hope they’ve changed the locks to prevent you getting in.

And seriously, please sell up.

Mrowka

user1977. I am not talking about breaking into your property. It is about damage to property. If someone reverse into your garage door, cause damage and disappear you call the police and show them video from cctv. Is this wasting of police time?

AdrianC. I do understand basics. You made assumptions about myself and situation which are incorrect. I have never stated I was disturbing tenant. I was at the property delivering letters. It is allowed. I have friends living at the estate so they send photos with external damages to the property. I also never stated I pay agent, because I do not and I do not want explain the reasons why agency served the notice to tenant. 

devilown. You made also incorrect assumptions. When did I stated that I have entered the property? Your statement about changing the locks is not helpful  and as you should know it would be breach of contract, same as not paying the rent.  

grumiofoundation. I never stated I have peeped through the windows of someone else's home looking for damage!  Seriously. Try to tell this to TV license people and call police. That will be wasting of police time. 

You have completely diverted from the main questions assuming I do not respect tenant. I do, hence I do everything in line with law and this is why I asked questions here. What pre-action protocol should be used for Small claims court for arrears and is there anything else I need to do before I start the claim?

Slithery

Mrowka said:

Your statement about changing the locks is not helpful  and as you should know it would be breach of contract, same as not paying the rent.

And you should know that that's a load of rubbish. Even if you were stupid enough to put a clause in the tenancy agreement stating as much it would be unenforceable.

deannagone

Unfortunately, you do not actually seem to understand what the law is in respect of LL and tenant responsiblities, what is a crime and what is not, the right to quiet enjoyment and whether a tenant can change the locks or not regardless of what is in their AST.  Just because someone has 'you must wear pink hats only in the house' in their AST does not make it a breach of contract if they decode to wear white hats.  .  

It might be a good idea to join a LL's forum and clarify issues like these.

AdrianC

Mrowka said:

AdrianC. I do understand basics. You made assumptions about myself and situation which are incorrect.

I can only go on what you've said here.

And you keep on digging yourself further and further into the muck.

user1977

Mrowka said:

user1977. I am not talking about breaking into your property. It is about damage to property. If someone reverse into your garage door, cause damage and disappear you call the police and show them video from cctv. Is this wasting of police time?

The only crime which might be involved there (assuming they didn't do it deliberately) is failing to provide their details. Otherwise it's a civil claim, nothing to do with the police. Maybe things happen differently in other jurisdictions you're used to, but it's not normal in the UK for the police to have any involvement in landlord and tenant disputes.

davilown

I don’t think I’d wish you as a LL on anyone - you clearly don’t have a scoobie with regards to renting out a property. 

They can change the locks, as long as they put the old ones back when they move out.

I think you need to realise that it’s their home they are damaging, and as I said before, as long as they repair it prior to moving out, then it’s none of your business. Caveat being if it comprises the integrity of the structure etc.

I also think you’re going to find out the hard way of what it’s potentially like to be a LL with a rather long void period before the tenants are evicted.

swingaloo2

The frightening thing about this thread is that the OP really does think he knows what he is doing and there is a poor tenant having to put up with this.
I would expect that there is zero chance that notice is served correctly and it will be years before the op gets the property back.

davilown

swingaloo2 said:

The frightening thing about this thread is that the OP really does think he knows what he is doing and there is a poor tenant having to put up with this.
I would expect that there is zero chance that notice is served correctly and it will be years before the op gets the property back.

Karma……??

Mrowka

Let just summarise. I am bad LL and tenant is lovely although not paying rent, not responding to letters/emails, causing damage to the property and will not mention other issues as this might be to obvious. Am I correct?