my tenant has done a runner, advice needed

bunnydrumming

SquatNow wrote: »

If the tennant has the keys, how did you get in... or did you have a spare set? (Which is highly frowned upon on MSE boards!)

Of course you should have a spare set - for these occasions if no other!

clutton_2

OPs original post says

""This is a nightmare as I can't relet it until work is done but I can't afford to have work done without his money""

and then says

""Firstly, It's not the fact that I can't afford to change the locks""

mmmmm


OP also says "" The agents put deposit in goverment scheme but they won't release it without tenants say so or an address to contact him.""

if OP read my post you will see that you do not need a solicitor to get the deposit back. I manage a property which was abandoned - The deposit scheme i used wrote to the tenant at the address of the AST, and as no reply was received in 14 days, i then had to get a Statutory Declaration signed by a local solicitor for £5 to say that the property was abandoned and i got the full deposit back (plus interest) from the scheme. i suggest you properly read the T&Cs of your own Deposit scheme before jumping to conclusions about what is involved.

Having tenants leave a mess is part and parcel of being a landlord occasionally.

polly7_2

clutton wrote: »

OPs original post says

""This is a nightmare as I can't relet it until work is done but I can't afford to have work done without his money""

and then says

""Firstly, It's not the fact that I can't afford to change the locks""

mmmmm


OP also says "" The agents put deposit in goverment scheme but they won't release it without tenants say so or an address to contact him.""

if OP read my post you will see that you do not need a solicitor to get the deposit back. I manage a property which was abandoned - The deposit scheme i used wrote to the tenant at the address of the AST, and as no reply was received in 14 days, i then had to get a Statutory Declaration signed by a local solicitor for £5 to say that the property was abandoned and i got the full deposit back (plus interest) from the scheme. i suggest you properly read the T&Cs of your own Deposit scheme before jumping to conclusions about what is involved.

Having tenants leave a mess is part and parcel of being a landlord occasionally.

perhaps my original wording could have been better but I didn't expect to have members jump down my throat so readily. I can afford to do the work by using my hard earned savings. I am not some mega rich !!!!! but someone who is struggling to pay off the mortgage on buy to lets which will be my pension scheme. In other words, I am trying to help myself and not scrounge off the state!
with regards T&C of deposit scheme. i have never been given any. i was told agents dealt with all that and they are the ones who told me it will be difficult without getting a solicitor involved. I have never yet known a solicitor do anything for £5.

Having tennats leave a mess is one thing, but to walk off with all keys and also his terms of contratc stated that all carpets etc had to be professionally cleaned. The carpet in the lounge was new and is now completely ruined where he used the french doors to come in & out of the house with wet muddy boots. The deposit is supposed to be a safeguard but it won't cover it in this case. All I have for notice is a text message so he has also violated the terms of his agreement on that score. I provided him with a home at a sensible rental and looked after his every whim. Why do you feel it necessary to have a go at me. i am the inujured party and came on her for advice. I'm not the enemy here!

barnaby-bear

polly7 wrote: »

perhaps my original wording could have been better but I didn't expect to have members jump down my throat so readily. I can afford to do the work by using my hard earned savings. I am not some mega rich !!!!! but someone who is struggling to pay off the mortgage on buy to lets which will be my pension scheme. In other words, I am trying to help myself and not scrounge off the state!
with regards T&C of deposit scheme. i have never been given any. i was told agents dealt with all that and they are the ones who told me it will be difficult without getting a solicitor involved. I have never yet known a solicitor do anything for £5.

Having tennats leave a mess is one thing, but to walk off with all keys and also his terms of contratc stated that all carpets etc had to be professionally cleaned.

I'm not the enemy here!

OFT / government deem professional cleaning clauses unfair.... He didn't adhere to something deemed unfair :rolleyes: Why put in something that is deemed unfair - you must have researched industry standards and guidelines?

http://www.oft.gov.uk/news/press/2003/pn_54-03

Examples of terms which have been removed or revised include:

• a term requiring the tenant to pay for professional cleaning of the premises and its contents without allowing the tenant to clean these, to a good standard, himself

The OFT has powers to act against unfair contract terms under the 1999 Unfair Terms in Consumer Contracts Regulations, and the guidance explains what terms the OFT considers unfair in assured and assured shorthold tenancy agreements. Over the past 18 months the OFT has been in discussions with the industry to ensure that any terms which it considered unfair under the regulations were removed or revised.

polly7_2

I didn't write the contract. it is a standard contract that the agency uses (all of them use the same one). I wasn't expecting him to get in a professional cleaning firm but I wasn't expecting him to totally trash the carpet either.

neverdespairgirl

SquatNow wrote: »

Bullcrap, if you handle stolen goods you can be charged whether you knew they were stolen or not.

Not quite, it's "knowing or believing" the goods to be stolen.

barnaby-bear

polly7 wrote: »

I didn't write the contract. it is a standard contract that the agency uses (all of them use the same one). I wasn't expecting him to get in a professional cleaning firm but I wasn't expecting him to totally trash the carpet either.

You signed an unfair contract without researching it? Every tenant knows this stuff and uses to spot amature landlords - maybe question the agent as to why they are so slack?

clutton_2

""with regards T&C of deposit scheme. i have never been given any. i was told agents dealt with all that and they are the ones who told me it will be difficult without getting a solicitor involved. I have never yet known a solicitor do anything for £5.""

maybe its about time you started to learn more about your business then.

Ask for T&Cs from your agent, or read them on the Deposit website. It is utter b*llocks that you need a solicitor to get a deposit back - the whole intention of the Deposit legislation was to make it more simple, not more difficult and more expensive.

Every Deposit Scheme has a plan for abandoned property, every Scheme has an Arbitration scheme to resolve disputes. Your agent is talking out of his a*se. But, if you had done even a minimum of reading about the Deposit Schemes you would have known that. Even if you employ an agent - you as LL are still fully legally responsible for the agents behaviour, even if that behaviour is illegal.

If your agent has not given the tenant the "prescribed" information (for example) this could have led to great difficulties in getting the tenant out if he had abandoned you.

Tenants who ruin carpets are normal people - its no good getting steamed up about dirty carpets, that is one of the expenses of the business - they do not treat your carpets with the same care that you would.


You clearly have a bit to learn

btw - there is no such thing as a "standard contract" - i have seen a half page one, and i have also seen a 25 page one.

Elliesmum

Oh !!!!!! you lot - OP came on for a bit of advice, what happened to the "be nice to other MSE'ers" rule on this forum

OP - have you insurance? Yes - then use it to replace locks, carpets etc to get the place back up to a standard and as mentioned either sell or re-let.

I would put the whole episode down to experience. I was a landlady once and had a smiliar experience. Didn't bother with the tennant, no point, just used my insurance to get things back to stratch - that is really what it's there for.

EM xx

chappers

polly7 wrote: »

Of course I have keys!!!! I own the property and yes I am allowed a set of keys and I am allowed to enter giving him 24 hours notice or immediately in event of an emergency.

Well said don't know where that one came from, only an idiot wouldn't keep a set of keys to a property they owned.