Troublesome Tenant , deposit scheme, etc.

Android07

thegreenone said:

Please tell me they had use of the kitchen and, more importantly, the bathroom in addition to the two bedrooms.

Of course they do.

the_lunatic_is_in_my_head said:

OP has your sister thought about giving them 5 grand to leave tomorrow, keys swapped for the cash?

I did mention paying them cash. But, she is adamant on ensuring that they recieve a CCJ.

_Penny_Dreadful

Android07 said:

She has now approached a solicitor as the two months' notice is coming to an end and the tenants show no intention of leaving. The solicitor has advised to wait till se goes to court before asking for rent arrears. Is this correct advice?

Why is your sister doubting the advice of her solicitor? 

Until the tenants are evicted your sister will not know how much they will owe and when she filed a MCOL she needs to know an exact figure for the claim to put down. Mind you if the tenants are from overseas my crystal ball says your sister isn’t going to see a penny and a CCJ is not going to impact them whatsoever.  It’s hazy but I think I foresee and improvement notice from the council in the near future or is it the section 21 failing in court…

the_lunatic_is_in_my_head

Android07 said:

the_lunatic_is_in_my_head said:

OP has your sister thought about giving them 5 grand to leave tomorrow, keys swapped for the cash?

I did mention paying them cash. But, she is adamant on ensuring that they recieve a CCJ.

Ultimately your sister went in to this purchase with a business cap on and IMHO she should pop that same cap back on now.

I don't think you said what the actual rent was but with that not being paid and the issue with the bills how long will it take your sister to lose 5 grand, or whatever, with the current circumstance?

I understand she feels wronged, would like some sense of justice and handing them money is basically the opposite of that but from an objective viewpoint it could be the least costly approach. 

If the tenant was smart I'd guess they'd decline it as they seem to be on to a good thing, you'd be hoping their judgement was blinded by a lump sum. 

There was a long thread here where a landlord was evicting a tenant, they had the order and paid for bailiffs to evict but the tenant was pleading hardship to the court, maybe one of the regulars can link to it, but I got the impression even with doing everything correctly it was costing them thousands. 

Regarding a CCJ, the tenant owes rent which your sister could, I assume, still sue for unless the tenant is smart enough to request it be forgiven as part of the agreement to move out. Previous posters suggested your sister hasn't acted correctly with the way all this was set up, I'm not knowledgeable enough to say, but would question whether the tenant would have any counterclaim (for example if the advanced payment was decided by the court to be a deposit and it wasn't protected the tenant can seek a penalty of up to 3 times the amount). 

I think your sister either needs to get all the legal aspects in order and seek to evict or pay them off, it's only my opinion but getting this tenant out of her life asap might be best all round  

One thing to add, if the tenant does accept a lump sum I assume there needs to be something in writing to say the tenant is surrendering the tenancy, again perhaps the regulars can advise on this. 

Android07

Good news people!
The tenant sneakily left just before the Section 21 notice was due to expire. Locks have been changed as none of their possessions are inside. Now, solicitiors need to be approached again about the rent arrears. There is also a letter from the utility company about unpaid gas & electricity bills and it seems they were not paying for months and it has now accumulated to £1500!

Slinky

I would suggest that approaching the solicitors to recover rent arrears is throwing good money after bad.

The utility bills are not your sister's problem. We had tenants who didn't pay their utility bills and beggered back off to South Africa. They would be written off by the utility company eventually.  Your sister needs to read the meters and get the account back into her name from the date they left.

From what you say, she'll have done very well from the increase in property prices in the area, chalk this up to experience and do things better in future. Or get out whilst the going is good.

turnitround

Slinky said:

I would suggest that approaching the solicitors to recover rent arrears is throwing good money after bad.

The utility bills are not your sister's problem. We had tenants who didn't pay their utility bills and beggered back off to South Africa. They would be written off by the utility company eventually.  Your sister needs to read the meters and get the account back into her name from the date they left.

From what you say, she'll have done very well from the increase in property prices in the area, chalk this up to experience and do things better in future. Or get out whilst the going is good.

The utility bills are in the sisters name so they are her problem.

theartfullodger

turnitround said:

Slinky said:

I would suggest that approaching the solicitors to recover rent arrears is throwing good money after bad.

The utility bills are not your sister's problem. We had tenants who didn't pay their utility bills and beggered back off to South Africa. They would be written off by the utility company eventually.  Your sister needs to read the meters and get the account back into her name from the date they left.

From what you say, she'll have done very well from the increase in property prices in the area, chalk this up to experience and do things better in future. Or get out whilst the going is good.

The utility bills are in the sisters name so they are her problem.

Why on earth did she not 'phone 'n email/write to all utilities and council with dates, names, meter readings etc? (if she did she has evidence to act on)

Troublesome Landlord likely in opinion of many.

Best regards, Artful, landlord since 2000 (still learning)

london21

What a mess, try to gain possession and sell if not prepared to follow the full responsibilities of been a landlord.

Better to have a proper tenancy, if collecting deposit protect it and follow all the process.

Has your sister been doing annual gas safety etc.

Been a landlord is not for everyone. 

Android07

london21 said:

What a mess, try to gain possession and sell if not prepared to follow the full responsibilities of been a landlord.

Better to have a proper tenancy, if collecting deposit protect it and follow all the process.

Has your sister been doing annual gas safety etc.

Been a landlord is not for everyone. 

Yes.

Utilities were inititally hers and then she later changed them to the tenant's.

The_Beehive

I think your sister should call it a day being a landlord after this, unless she has some sort of professional help behind her.