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Problem Tenants

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Hi Everyone
We recently asked some tenants to leave a rental property at the end of their tenancy. They had never been great tenants - they blocked the toiled with nappies and refused to pay for the unblocking even though the contractor confirmed it was them that had done it and they were often late with rent etc. We live overseas so not having seen the property recently it transpired at checkout that they had removed fitted wardrobes, broken windows, done extensive unauthorised painting in pinks/purples and generally left a mess when they departed. They refused to pay their last month's rent saying that we should take it out of the deposit which we refused to do. We have recently initiated a claim using money claim online and they have counterclaimed. They are claiming for carpets which they fitted, again without authorisation having removed our carpets (which were newly fitted in 2014). It is not clear from the money claim online website how we respond to this. I have emailed money claim online to ask for advice but the automatic response says that it could take 10-15 days. Can anybody please advise.

Many thanks
Joanne
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Comments

  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    Hi Everyone
    We recently asked some tenants to leave a rental property at the end of their tenancy. They had never been great tenants - they blocked the toiled with nappies and refused to pay for the unblocking even though the contractor confirmed it was them that had done it and they were often late with rent etc. We live overseas so not having seen the property recently it transpired at checkout that they had removed fitted wardrobes, broken windows, done extensive unauthorised painting in pinks/purples and generally left a mess when they departed. They refused to pay their last month's rent saying that we should take it out of the deposit which we refused to do. We have recently initiated a claim using money claim online and they have counterclaimed. They are claiming for carpets which they fitted, again without authorisation having removed our carpets (which were newly fitted in 2014). It is not clear from the money claim online website how we respond to this. I have emailed money claim online to ask for advice but the automatic response says that it could take 10-15 days. Can anybody please advise.

    Many thanks
    Joanne

    If the tenants wanted to keep the carpets then they should have removed them when they vacated the property along with all their other stuff. Have you read the MCOL User Guide?

    Do you have someone managing the property for you since you are overseas? Do you supply your tenants with an address in England or Wales for the serving of notices?
  • agrinnall
    agrinnall Posts: 23,344 Forumite
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    How do you intend to present your case when it goes to court and you are stil overseas? Unless you plan to return either specifically at that time or for a longer period anyway then I think you should consider whether it's worth pursuing any further (and also whether you are cut out to be a landlord at all).
  • theartfullodger
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    Sounds rather more like problem landlord.

    Have you been declaring ALL the rent paid to UK HMRC tax-man, please?

    Surprised tenants left, they did not have to (were not legally required to, were under no legal obligation to depart)

    Artful: Landlord
  • Mickygg
    Mickygg Posts: 1,737 Forumite
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    There lies your problem. You should have inspected the property regularly.

    You've emailed. i know its so last century but have you tried dialling the number on the website?
  • HampshireH
    HampshireH Posts: 4,480 Forumite
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    Sounds rather more like problem landlord.

    Have you been declaring ALL the rent paid to UK HMRC tax-man, please?!

    Bit harsh. They have asked for advice on how to pursue a claim. Why assume they don't declare their income? Not every landlord commits fraud.

    Also the tenants shouldn't have made changes to the property if their contract states they need permission. That they have doesn't mean the landlord is a "problem landlord" probably the opposite and that they have been far to relaxed about things until now. A big, expensive lesson learnt.
  • ProDave
    ProDave Posts: 3,724 Forumite
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    Sounds rather more like problem landlord.

    Have you been declaring ALL the rent paid to UK HMRC tax-man, please?

    Surprised tenants left, they did not have to (were not legally required to, were under no legal obligation to depart)

    Artful: Landlord

    This forum is full of landlord bashers. Why?

    It sounds like the landlord supplied a property in good repair. The tenants painted it in hideous colours so it will need repaining, ripped out built in wardrobes that will need repairing and broke some windows. And their final act was not to pay the last months rent.

    Yes that all to me sounds like the "fault" of a bad Landlord. NOT.

    Lets hope at the very minimum the landlord gets to keep the entire deposit which will go a little way to paying for the repairs the bad tenant has caused.
  • theartfullodger
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    ProDave wrote: »
    This forum is full of landlord bashers. Why?

    It sounds like the landlord supplied a property in good repair. The tenants painted it in hideous colours so it will need repaining, ripped out built in wardrobes that will need repairing and broke some windows. And their final act was not to pay the last months rent.

    Yes that all to me sounds like the "fault" of a bad Landlord. NOT.

    Lets hope at the very minimum the landlord gets to keep the entire deposit which will go a little way to paying for the repairs the bad tenant has caused.
    Thank you for your kind comments, Dave. Do we take it then that you are a landlord also?

    I am a landlord: Since 2000.

    I dislike bad landlords (there are some), bad MPs (quite a few..)... and will happily go into bat against the rogue landlords who make life harder for decent landlords (I make no claims regarding my status in that spectrum).

    Best wishes to all decent people everywhere
  • tom9980
    tom9980 Posts: 1,990 Forumite
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    Mcol respond to email quickly I have had a response in 24 hours just before Christmas.
    When using the housing forum please use the sticky threads for valuable information.
  • ProDave
    ProDave Posts: 3,724 Forumite
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    Thank you for your kind comments, Dave. Do we take it then that you are a landlord also?

    I am a landlord: Since 2000.

    I dislike bad landlords (there are some), bad MPs (quite a few..)... and will happily go into bat against the rogue landlords who make life harder for decent landlords (I make no claims regarding my status in that spectrum).

    Best wishes to all decent people everywhere

    Yes I am a landlord.

    Previously we had a house and a flat both let out. We sold those a few years ago, (and paid the CGT due for all those who think LL's are tax evaders). That money is financing the build of a new house for us.

    We could not find a buyer for our old house so that is now let, so after a short break I am a landlord again.

    We have had exemplary tenants and lousy tenants. The last one in the rental house we used to own did lots of damage like broken toilet, holes in the plasterboard, put his foot (or something) through the bathroom ceiling etc. We got to keep the deposit on that one but only after photographing the damage to prove to the holding company the damage was real. The returned deposit paid about 50% of the repair cost, the rest we had to pay.

    People forget Landlords are real people providing needed service and in return hope to make a modest return on their investment. I cannot understand why this forum seem so champion tenants who trash the place or refuse to pay their rent.
  • dekaspace
    dekaspace Posts: 5,705 Forumite
    I've been Money Tipped!
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    ProDave wrote: »
    Yes I am a landlord.

    Previously we had a house and a flat both let out. We sold those a few years ago, (and paid the CGT due for all those who think LL's are tax evaders). That money is financing the build of a new house for us.

    We could not find a buyer for our old house so that is now let, so after a short break I am a landlord again.

    We have had exemplary tenants and lousy tenants. The last one in the rental house we used to own did lots of damage like broken toilet, holes in the plasterboard, put his foot (or something) through the bathroom ceiling etc. We got to keep the deposit on that one but only after photographing the damage to prove to the holding company the damage was real. The returned deposit paid about 50% of the repair cost, the rest we had to pay.

    People forget Landlords are real people providing needed service and in return hope to make a modest return on their investment. I cannot understand why this forum seem so champion tenants who trash the place or refuse to pay their rent.

    They don't. its more they challenge everything that can easily not be clear cut as in pretty much anything.

    I had a landlord who did a bodge job putting in a second hand kitchen that the cupboard doors kept falling off and they said well the doors came off my hand therefore its my fault, had home made built in wardrobe doors of plywood that snapped in half the first time I used it, well they said LL was justified in taking that from my deposit, I spent about 30 hours cleaning flat inc using carpet shampoo and LL claimed it was dirty I said I did best I could but it wasn't perfect they said LL was justified as I admitted it wasnt perfect This is all despite having multiple leaks in the roof which LL blamed me for, next door tenant who was with same LL being a drug dealer with carpet physically black, who had a dog go to toilet on carpet, smashed kitchen the LL said he was a better tenant as he always paid on time and never complaied (that was the point, he was happy to live in squalor, LL knew he was a dealer hence how he had wads of £20s in his pocket at all times)

    Many responses on here were to side with the landlord, if I did 20 things not perfect and LL 100 things people justified the LLs actions by the 20 things even if they were small petty things and the 100 LL ones extreme.

    Im careful how I word things now.
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