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View Full Version : Tenant 2 months in arrears col and draughty!



saraheade
12-03-2009, 21:57 PM
Hi we have tenant who had problems with Draughts, heating and being unable to pay the rent!
He told us the bedroom heating was not working, so we provided him with 2 extra plug in heaters, After a couple of months he claimed that they cost too much to run and flat was cold and draughty –we offered calour gas heater- but was declined. Sometime later we fitted glazing film throughout flat.
1 week later tenant informs us most of this film had fallen off due to the condensation, he asked to purchase some draught proofing products from his work and he would fit if we reimbursed, to which we agreed.
2 days on he texts (pm Sun) saying he had discovered mould in the bedroom which had caused damage to his possessions- asking if we will compensate him?, he also believed the mould could be a hazard so he and his daughter would have to sleep in the Living room. We told him we would get a specialist to check the problem and get the night storage heater fixed, we would be there Thursday.
The next day (Mon) he texts saying the mould is so bad he has to get some paint from his work that would stop it- will we reimburse him? -we declined and suggested washed the area with a bleach solution which he did.
After the damp specialist surveyed and the heater was repaired he asked again for compensation (£600) as he believed the damp was caused by the non working heater- we had provided suitable alternative heating and the AST stated "the tenant acknowledges he is responsible for insuring personal possessions as the landlord will not accept liability for any damage" so we refused to pay compensation.
Prior to this he told us he wouldn’t be able to pay Dec rent but would repay in Jan & Feb -we agreed. Since then Jan and Feb payments made, but no sign of Dec’s, now he has missed Mar payment. We sent a S21 with date 2months after the next rent due date. He says this is void as it should be from the day he receives it?
Also our AST states the landlord can charge interest of upto 4% over BOE for any overdue rent and may pursue this interest as though it was rent.
He has a guarantor and we know her address plus his work address, not sure what to do. Can we sue her for the money?
Sorry its long winded but I’ve tried to get all facts in Any advice would be great

Sarah

confused:

mind the gap
12-03-2009, 22:17 PM
Sounds like one unhelpful tenant. As far as the mould goes, it sounds to me that you have done everything you reasonably could. You may find this thread interesting!:

http://www.landlordzone.co.uk/forums/showthread.php?t=17607

As far as getting him out goes, he is talking nonense about the s21. If it gives him at least two months' notice ending on the last day of a rental period, it is validly served.

At this point, because he owes more than 2 months' rent, you can also issue a section 8 ground 8, (plus 10 and 11) which will allow you to apply for a possession order sooner than the section 21. You can apply for him to be made to repay the debt at the same time.If he has no money you can get an attachment of earnings order. This thread may be useful :http://www.landlordzone.co.uk/forums/showthread.php?t=15063&highlight=Tenant+arrears

Why does he think you owe him £600?

Yorkie1
12-03-2009, 22:17 PM
I believe a s.21 notice has to give two months' notice and must expire on the last day of a rent period. If your notice does not expire the day before a rent period starts, it will not be valid, but your T is not correct in saying it must be 2 months from the day of issue or receipt.

I don't know the answers to the other questions, but I would imagine that the experts on here would need to know as a minimum:
Date of start of AST
Duration (6 months, 12 months etc)
Date of expiry of AST - are you still in the fixed term period or has it rolled over into a periodic tenancy?
Date s.21 notice served
Date s.21 notice stated to expire

Edit: MTG beat me to an answer and knows far more than I do!

saraheade
14-03-2009, 10:39 AM
Thanks really appreciate your advice,
The £600 he suing us for is 2 designer jackets boxed 2 new Levi jeans a snooker table and an only fools and horse print.
Will we issue him with session 8 and see what happens

Sarah

saraheade
15-03-2009, 20:40 PM
Hi quick thought do we sent the section 8 to the guarantor tenant or both and what should we be doing with the guarantor at this stage?.
Thanks Sarah