Problem with tenant - in the property or not !!!

[lisa_landlord]

Basically this tenant moved in to the property on 1st June 2009 on an AST. Young girl with 2 very young children. Through Housing. They did bond guarantee and should have paid me direct. They made a mistake and paid her the first 11 weeks rent which you can imagine she has not paid me at all. After a long period I finally got housing to pay me the money as it was there mistake as they should not have paid her in the first place. they paid me after that though direct.

Within the first month the toilet was blocked. Got someone to inspect, they confirmed it was her doing. Using kitchen roll and stuffing down toilet. Blocked all along pipe. Tenant said family member would sort. A month later got a letter from her mother, nasty letter saying going to environmental health etc. as I have not done anything about the toilet. Spoke with tenant who knew nothing about this. I fixed it for her and billed her, which she still has not paid me.

Her mother interferes toilet still blocked. Well I found out later she just did the same again.

Tried contacting tenant with letters, texts, phone calls but no reply at all.

I ADVISE ALL LANDLORDS TO DO THIS THOUGH - I set up a dummy facebook acct and added her as a friend and guess what she accepted. I looked through her conversations and on the 12th Oct it showed that she was moving and how hard it was going backwards and forwards! To my knowledge she was not moving.

I again tried contacting her but nothing so I rang Housing and they told me she came in to them on the 13th oct and said she was no longer living at my property so they stopped my benefit.

.. tenant still not contacted me by then. not returned the keys. so I went with a friend to the property. changed the locks. put a big note on the door stating we had changed the locks, her to contact me to gain access. also anyone knowing where she is to contact me. i also went in the property got loads of pictures. she has stolen the washing machine and double bed. the house has flies everywhere. her crap is everywhere although not all of it. mouldy food and flies all in the kitchen. toilet blocked again stinks. pooh smeared on the radiator in the kids bedroom. half painting jobs throughout etc etc etc etc. I have got cleaners coming to box up all her stuff and totally redo the whole house which i am gonna chase tenant through debt collection to get money back. Booked them for next week thursday.

... 2 days ago her mother came to my house saying her daughter had lost the keys could she have a set. i told her no and she had not lost the keys but i had changed the locks and her daughter to get in touch with me to have an accompanied visit. i also told her to get her duaghter to arrange to return the stolen items. she said her daughter had her own. on leaving her mother under breath said she would see a solicitor!! I said go ahead then.

MY MAIN QUESTION PROBLEM IS THIS... housing told me i should not do anything until after 28 days from putting up the notice which is a load of rubbish. Please tell me what judge or solicitor after all the proof I have got. I have printouts from facebook. I have confirmation from housing that she went in and told them she was not living there. I have photos showing how she has trashed the place. Please tell me I am right here. I am gonna send her a letter Monday to her mothers address with costs for redoing the house and also stating if she doesnt return stolen goods within 7 days (by contacting me) then I am going to the police.

Please help and tell me I do have rights with proof and do not have to wait a full 28 days. If I do then it is ridiculous. What blooming rights do we as landlords/ladies have.

Thanks

[tom999]

I again tried contacting her but nothing so I rang Housing and they told me she came in to them on the 13th oct and said she was no longer living at my property so they stopped my benefit.

MY MAIN QUESTION PROBLEM IS THIS... housing told me i should not do anything until after 28 days from putting up the notice which is a load of rubbish. Please tell me what judge or solicitor after all the proof I have got. I have printouts from facebook. I have confirmation from housing* that she went in and told them she was not living there.A notice of abandonment (http://www.landlordzone.co.uk/legal/abandonment.htm) should have been placed at the front door or window before changing the locks. However, if you have written proof* from the local authority that tenant has moved, then this should be Ok - I don't believe 28 days are necessary. Send a letter to the tenant (keep proof of postage) to the property address, informing them if their possessions are not collected within 4 weeks, you will dispose of them.

If you have no written proof of abandonment (unlikely that facebook printouts would be admissable evidence, as anyone can create facebook accounts); then you'll need evidence that tenancy rights have been abandoned, preferably in writing, i.e. tenant's a notice to quit; as you've changed locks, this may be classed as 'illegal eviction' which a criminal offence.

There are many threads on abandonment on LLZ - please read them.


Please help and tell me I do have rights with proof and do not have to wait a full 28 days. If I do then it is ridiculous. What blooming rights do we as landlords/ladies have.You're rights as a LL are to learn how to run your property business properly and within the law. This may sound harsh, but no-one forces a LL to take people on benefits - it's a risk. If LL does so, then adequate precautions must be taken.

[lisa_landlord]

Hi

Thank you for the information. I do believe that Facebook printouts would be sufficient as they are full prints of all her conversations with pictures of her. There is no way she can deny that it is not her account!!!


Also... as you say... You're rights as a LL are to learn how to run your property business properly and within the law. This may sound harsh, but no-one forces a LL to take people on benefits - it's a risk. If LL does so, then adequate precautions must be taken.

... that is fine and that is why a lot of LLs on these forums are here asking questions all the time. Yes it does sound harsh and I am quite aware that no one forces a LL to take people on bebenfits as I have friends who have had problems in the past with WORKING PROFESSIONALS as well. My comment was more along the lines of that there are all these twists and looking after tenants but NOTHING really for us as landlords.

[Snorkerz]

There is no way she can deny that it is not her account!!!

Hello - you created a bogus account and would have to admit so in court - what is to stop her claiming you created 'her' account also, having stolen photos from your/her property when she was out?

I know that's not what happened - but without facebooks co-operation and an expert witness who can link all those posts on FB to her IP address you have next to no chance!

However, your letter from the 'housing' is possibly enough - depends what it says really.

Your plan of action seems okay, except think carefully about the cost/hassle of chasing your T through the courts for payment. If she is on benefits, you'll be lucky to get a tenner a week - by definition benefits cover the 'essentials' and the court can not deprive the T of essentials.

[mind the gap]

... that is fine and that is why a lot of LLs on these forums are here asking questions all the time. Yes it does sound harsh and I am quite aware that no one forces a LL to take people on bebenfits as I have friends who have had problems in the past with WORKING PROFESSIONALS as well. My comment was more along the lines of that there are all these twists and looking after tenants but NOTHING really for us as landlords.

:confused:'Nothing for you as landlords' ? Do you not make a profit out of letting out your property? If not, it would appear you are unsuited to the job. The 'twists and turns' which you seem to resent so much are laws to protect tenants from being evicted illegally and their belongings summarily disposed of. There is also legislation which I'm sure many tenants feel is unfair, which allows LLs to regain possession of their properties with only two months' notice, even if the tenants pay their rent on time and do nothing wrong. I'd say the 'twists and turns' - ie the law -is pretty well balanced and there is no good reason for you to feel sorry for yourself. Nobody is forcing you to be a LL and you could have read up on the relevant legislation before deciding to be one.