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View Full Version : Problem Tenant.. advice required.



xhannahx
03-08-2011, 21:43 PM
Wondered if anyone has any advice re an inherited rental property, it was a complete mess to sort but finally seems sorted apart from a problem T.
T has been in there 2 years, originally on 6m AST, now a periodic tenancy.
T is on HB, will not agree to have this paid direct to us & since Jan 2011 has not paid rent in full, always minus £50, £80 etc. Arrears now total £1380 & there has been 2 months where T has not paid anything. Written to confirm this all.
Council have deposit of £890 in DPS scheme, can we keep for rent arrears & chase her for additional? If so I assume this would be a money claim online process?
T has now said they are moving out in 1 month as I recently arranged to go round to collect post & took my other half with me. T said this invaded their privacy & lied to say my other half barged into their daughters room (completely untrue, we both stood in the hallway) Can we do anything about these accusations? As you can imagine we are not disappointed they are leaving but want to ensure the rent arrears are recouped.
T has also messed up boiler several times so hot water stops & a plumber has to be called out. The plumber has confirmed this is due to them draining the tank) its cost several hundred pounds in total & has happened again a few days ago, T is demanding we pay to be sorted now even though they have huge rent arrears, are we obligated to do this?
Any advice would be much appreciated.. I'm a my wits end!

mariner
04-08-2011, 01:32 AM
Re c/h boiler fault, IMO you are obligated to repair. If your engineers report indicates fault was caused by T then you are entitled to claim repair cost from T.
Since T has given Notice to vacate it may be convenient to delay repair until you have undisputed access or your approved repairer may not be available before move out date.
Why is Council holding your Ts deposit?
Notify HB dept that T is >2months in rent owing, they should pay you direct any payments outstanding / future payments due for that address until amount owing is < 2 months rent`
If t is on HB, can s/he pay any CC judgement in your favour?

Ericthelobster
04-08-2011, 07:51 AM
Council have deposit of £890 in DPS scheme, can we keep for rent arrears & chase her for additional? If so I assume this would be a money claim online process?If your tenancy agreement states that you can use the deposit against unpaid rent, then yes.

I recently arranged to go round to collect post & took my other half with me. T said this invaded their privacyWhy on earth do you not have a Royal Mail redirection in place for the post? Especially with a tenant like this where relationships are "strained". Notwithstanding the lying aspect, I can tell you that if I were a tenant I'd be highly irritated having to collect post for my landlord and have hime keep coming round to collect it. Get it sorted if you intend to go 'legal' on this tenant - won't look particularly good in court.

T has also messed up boiler several times so hot water stops & a plumber has to be called out. The plumber has confirmed this is due to them draining the tank)The hot tank presumably? If the tenant can drain the tank faster than it can be refilled, then chances are the tank's far too small and/or there's some other problem not of the tenant's making; furthermore a properly functioning boiler shouldn't require an engineer's callout to reset it under such circumstances.


T is demanding we pay to be sorted now even though they have huge rent arrears, are we obligated to do this?Landlord's libility for maintenance is not dependent on receiving rent

westminster
04-08-2011, 12:24 PM
Wondered if anyone has any advice re an inherited rental property, it was a complete mess to sort but finally seems sorted apart from a problem T.
T has been in there 2 years, originally on 6m AST, now a periodic tenancy.
Have you served notice to the tenant under s.48 Landlord and Tenant Act 1987 and s.3 Landlord and Tenant Act 1985, together with a letter of authority from the previous landlord/deceased landlord's executors? If you haven't, do so immediately.


T has now said they are moving out in 1 month
Have they given you written notice to quit? If not, I wouldn't count on them moving out; and even if they have given you written notice, if they fail to vacate you'll still need to apply to the court for a possession order.


Arrears now total £1380 & there has been 2 months where T has not paid anything.
You should serve a s.8 notice citing grounds 8, 10 and 11, and a s.21 notice (giving at least two months and expiring at the end of a tenancy period). Apply to the court for possession after the s.8 notice expires; if that fails apply again via s.21 procedure after the s.21 notice expires.

xhannahx
08-08-2011, 13:42 PM
Re c/h boiler fault, IMO you are obligated to repair. If your engineers report indicates fault was caused by T then you are entitled to claim repair cost from T.

Thanks, engineer's report said it was tenant's fault & we sent a copy to her enclosing the report. All repairs have been done & paid for asap to date.


Why is Council holding your Ts deposit? This was a Bond which was sent up by the Council & the original LL, we have since found out this expired at the end of the 1st 6m AST and was not renewed so in effect there is no deposit at all - a further blow!


Notify HB dept that T is >2months in rent owing, they should pay you direct any payments outstanding / future payments due for that address until amount owing is < 2 months rent

We have notified the council & the advised that the T housing benefit has been suspended so we are unsure if we will get the last 2 months rent paid directly before she leaves.

xhannahx
08-08-2011, 14:09 PM
Why on earth do you not have a Royal Mail redirection in place for the post? Especially with a tenant like this where relationships are "strained". Notwithstanding the lying aspect, I can tell you that if I were a tenant I'd be highly irritated having to collect post for my landlord and have hime keep coming round to collect it. Get it sorted if you intend to go 'legal' on this tenant - won't look particularly good in court.

This is in the process of being changed, when we took it over we presumed all the post would be changed to our correct corres address as we wrote to all the necessary companies, which never happened. We were only made aware by some urgent post which the T eventually notified us of, everything prior to that had been binned.


The hot tank presumably? If the tenant can drain the tank faster than it can be refilled, then chances are the tank's far too small and/or there's some other problem not of the tenant's making; furthermore a properly functioning boiler shouldn't require an engineer's callout to reset it under such circumstances.

The property is only 5 years old and we have checked with other owners, they all have the same boilers so I don't see why this one is such a problem. Boiler has always had an annual service. I am not a heating engineer, so am only quoting what ours has said, he did not mention a too small tank and has found no other problems.


Landlord's libility for maintenance is not dependent on receiving rent.

I understand that but surely demanding things be repaired when its your error as to why their happening and you haven't been paying your rent/ keeping your part of your agreement is a bit wrong.

xhannahx
08-08-2011, 14:14 PM
Have you served notice to the tenant under s.48 Landlord and Tenant Act 1987 and s.3 Landlord and Tenant Act 1985, together with a letter of authority from the previous landlord/deceased landlord's executors? If you haven't, do so immediately.


Have they given you written notice to quit? If not, I wouldn't count on them moving out; and even if they have given you written notice, if they fail to vacate you'll still need to apply to the court for a possession order.


You should serve a s.8 notice citing grounds 8, 10 and 11, and a s.21 notice (giving at least two months and expiring at the end of a tenancy period). Apply to the court for possession after the s.8 notice expires; if that fails apply again via s.21 procedure after the s.21 notice expires.

Thanks Westminster, we have had written notice from them and I have written back to accept this, do I still need to apply for a s.8 & s.21 to be on the safe side? The tenancy is on a periodic basis following the end of the 6 month AST so do I only need to use the s.8? Also I assume I have to claim separately for the rent arrears via money claim online?