Horrible tennant proplems (HELP)

jason46

Hi

I have a tennant who is being really awkward when it comes to letting potential buyers view my property, A few hours before the viewing thats has be arranged he phone's the agent up and say's he won't be in, Ive lost 3 viewing's this week

Where do I stand? and what can I do?

Also the contract is just a rolling one with no set term or end date, what do I need to do to get him out of my house? and how can i recover the money he owes?


thanks in advance

jay

alwaysonthego_2

if he has no contract then you need to issue him a notice to quit. The only way you will get your money is through a small claims court

SquatNow

You dind't say he owed any money.

Why does he owe money?

jason46

He is one month in arrears £525

scrummy_mummy_2

Firstly, I'd try to establish why he's being tricky...ask him why he is not being helpful and see if you can work it out between you...much easier than getting into conflict.
It may be that you selling the house is going to leave him homelss/make him move and so he's being as obstructive as possible to delay the inevitable! Put yourself in his shoes!

If he is on an AST which is now periodic (Month to month) you need to serve him Notice to Quit in the from of an S21 Notice. You must give him at least 2 full periods' notice. You might find the following link helpful when preparing this notice.
http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-21---section-21---notice-requiring-possession-of-an-assured-shorthold-tenancy.html
You MUST get the dates correct though.
If his tenancy (original fixed period) began on 3rd April for 6 months, his fixed term would end on 02 October and then roll on from 3rd each month to 2nd subsequent month...thus the S21 should be served requiring him to vacate on the 2nd of the month. If you served him the S21 NOW...you would ask him to quit no later than 02 September.
A S21 is not action to recover money he owes, pressumably in unpaid rent...you would need to go to court in order to do this and recover possession under Section 8 but I would advise you that this often results in failure because getting a positive judgement does not automatically mean you get any money. If he can't pay now it is unlikley he'll pay just because you have a judgement against him...you are probably better off getting him out as quickly as possible, forgetting the lost rent and selling the house as quickly as you can before becoming embroiled in a phyric victory in court.

As far as 'getting him' to allow access so you can sell your home...he doesn't have to allow access during his tenancy and it may be that you have to serve his S21 and end his tenancy before you can coduct viewings!...hence my recommendation that you talk and try to resolve it postively!

Welcome to being a Landlord!

scrummy_mummy_2

He's got to be at least 2 months in arrears before you can progress a Section 8 anyway...and even if he pays 10p off BEFORE it goes to court, and thus reduces the amount he owes to below the 2 months' rent, the court can/will reject the action....Section 8 is a pig!

zebulon

if he leaves the property in good condition the deposit might cover the arrears ... ?

Re. the viewings there is nothing you can do, apart from issuing the notice to quit as mentionned above, as he does not have to accept them (although he seems not reliable that's for sure!).

clutton_2

it never fails to astonish me that new landlords go into this business having done sooooooo little research .......

join the National Landlords Association and get the legal facts - but this will cost you money so you may see it as an "expense" (it is tax deductible)

read https://www.landlordzone.co.uk

read https://www.singingpig.co.uk

and read some books - being a LL is a long and complex affair

oh

and write off the money - put it down to experience - its not worth chasing

50plusabit

Jason
Have you given him notice? If not why not?
He is not obliged to let you or your prospective buyers in, and can be as ackward as he likes.
He sounds as if he is there for the duration, and only a court order and baliff will get him out. Get this process started asap, then you will have a empty property to sell, with no ackward tenant.

real1314

Or, talk to him. Discuss how selling will affect him, maybe provide an incentive for him to allow viewings (money, beer, wine whatever) maybe even £25(?) off the arrears for each satisfactory viewing?

Better to negotiate a deal than to resort to eviction as a first response?

clutton_2

i managed to negotiate a pair of tenants out by giving them the amount i would have spent on court fees/bailiffs costs AND i got the house back earlier, and in perfect nick - but i did get a written statement saying it was all in full and final settlement that i would not come after them for lost rent and they would not do anything else. if i had left them alone they may have done ££'s of damage on the way out