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View Full Version : Two tenants breakup; how to deal with remaining one?



Karo1
02-02-2008, 18:57 PM
Hi All,
I fully realise I have been an idiot but may I please ask your advice on this matter for damage limitation purposes?

Rather long winded but:
A male and female in a relationship wanted to rent my 2 bed cottage and keep a dog in the outhouse as i refused to have it in the house.They looked round and liked it and were desperate to move in as their bungalow was going up for sale and their tenency was at an end.I provided them with pre-tenancy application forms.

The female was in saleried employment and duley completed hers.
The male was working for a builder but about to become self employed as he was in dispute with his employer over wages.He informed me he was about to also get 25K compensation from the Post Office (his previous employer for 8 years) and would pay his entire rent when he did. He said he would provide his completed pre-tenancy form asap. (I'm still waiting lol!)

On the day they moved in, the male had suddenly ended his relationship with the female and wanted a solo tenancy. He assured me his compensation would cover the rent and his building work would cover the rent until he got his compensation through. He provided me with 1 months rent in advance and said he would pay the deposit within the week. He did not! He paid rent on 01-12-07 but nothing since! (His compensation turned out to be much less and he spent most of it on new van last week so he could work)

Tenant started putting a new window and security light in the outhouse. Guess what? His dog is never in there and the tenant has ADHD (medically diagnosed) and is up all night doing DIY in the kitchen, drinking and singing-badly!-next door have a 3 month baby and are complaining!He now says this 'unauthorised' work is part of his deposit and is equivalent to 1.5 K! He says he has improved my property but I say it was fit for its purpose before he rented it.

He also did some maintenace work for me at another property and refused to issue the invoices until last week. The invoices are overpriced and he is holding me to ransome saying until I pay them I will get no rent!
He has also exhibited inappropriate behaviour towards me by asking me for a kiss verbally and via text messages, which I have kept. I have always been professional towards him and have not verbally or non verbally sent any flirtatious messages to him as I am not attracted to him! Yuck!

Last week he mainted the drains were blocked and he apparently spent 4 hours (next door says more like 1)unblocking them and vomiting at the same time -he gave me a bill for £60-he did not contact me so I could inspect first and get a professional in if necessary. Luckily his friend who is a surveyor turned up and told him there was no leak from next door and the running water was from a storm drain-it was so funny we were putting coloured toilet paper down the toilets to see which drain belonged to which tenant! My tenant smelled of alcohol and he told me he was 'having a bad day and loosing it!'

The steps I have taken are:
1) f2f negotiation-I now refuse to talk to hin without another male present-infact I do not want a f2f with him any more.
2) 14-01-08 A breech of tenancy letter after the many excuses for non payment of rent he has given me.
3) 27-01-08- A letter concerning inappropriate behaviour, noise levels and rent money.
4) 29-01-08-A letter concerning the 2 arranged accompanied meetings he had missed and requesting more detailed invocing.
5) I issued him with a final notice before lagal proceedings and put the date for legal proceedings as 18-02-08
I have since found out verbally that he and his ex partner were renting their bungalow via a letting agent and they had complaints of noise and non payment of rent but i doubt I will get this in writng from them.

Thankyou for taking the time to read this, I don't suppose anyone else has been stupid enough to be in this situatuion but what is the best course of action?

Bel
02-02-2008, 20:10 PM
Once he is more than 2 month in arrears (usually that will be 1 month and a day after not paying any rent) serve a section 8 notice. You need to research thoroughly how to do this right or get a good lawyer.

You only have to wait 2 weeks before you can apply to court, and then wait for a month or 2 for the hearing. If he still in arrears at hearing you are guaranteed possession. At the same time, serve a section 21 notice in case the s 8 goes wrong, as back-up.

Also, do a forum search on user Rodent1 with keywords "debt", as an alternative for getting paid by threatening/using debt collectors.

Do plenty of your own research.

Karo1
02-02-2008, 20:36 PM
Hi Bel,

Thank-you for your prompt reply
Once he is more than 2 month in arrears (usually that will be 1 month and a day after not paying any rent) serve a section 8 notice. You need to research thoroughly how to do this right or get a good lawyer.


You only have to wait 2 weeks before you can apply to court, and then wait for a month or 2 for the hearing. If he still in arrears at hearing you are guaranteed possession. At the same time, serve a section 21 notice in case the s 8 goes wrong, as back-up. Thank-you, I will

Also, do a forum search on user Rodent1 with keywords "debt", as an alternative for getting paid by threatening/using debt collectors.
Will do

Do plenty of your own research.
Again, many thanks,I have spent all afternoon looking at previous forums (in which your kind advice also features)and feel ready to 'go solo' and initiate proceedings on Feb 18th!

Bel
02-02-2008, 20:40 PM
May the force be with you:D

Karo1
03-02-2008, 19:53 PM
Hi Bel,
I have another question after reading 'Tenant may have Done A Runner'

I have a clause in my tenancy agreement :

provided that if the rent or any part thereof should be in arrears for 14 days after the same shall be due whether legally demanded or not or if there shall be any breach of any of the obligation on the part of the tenant the landlord may re-enter the premises or any part thereof in the name of the whole and immediately thereupon the tenancy shall absolutely determine without prejudice to any other rights and remedies of the landlord.

Does this mean that if the tenant suddenly leaves after the date I apply to the court for the S8 & S21, I can re -enter the house and change the locks-when the court has issued the S8?

Thank-you again for your time.

jeffrey
04-02-2008, 10:36 AM
Hi Bel,
I have another question after reading 'Tenant may have Done A Runner'

I have a clause in my tenancy agreement :

provided that if the rent or any part thereof should be in arrears for 14 days after the same shall be due whether legally demanded or not or if there shall be any breach of any of the obligation on the part of the tenant the landlord may re-enter the premises or any part thereof in the name of the whole and immediately thereupon the tenancy shall absolutely determine without prejudice to any other rights and remedies of the landlord.

Does this mean that if the tenant suddenly leaves after the date I apply to the court for the S8 & S21, I can re -enter the house and change the locks-when the court has issued the S8?

Thank-you again for your time.
This clause is a 'proviso for re-entry'.
It has to appear, if L is to have right to re-entry, but it is subject to statutory restrictions (e.g. if T still occupies).

Karo1
04-02-2008, 21:02 PM
Hi Jeffrey,
Thank-you for this:
This clause is a 'proviso for re-entry'.
It has to appear, if L is to have right to re-entry, but it is subject to statutory restrictions (e.g. if T still occupies).

I have realised that the tenant may have breached one of the obligations (1.12 re: Not without prior written consent to of the LL keep or suffer to be kept on the premises any cat, dog or other pet) as he is keeping his dog on the premises (not in the outhouse as verbally agreed) without my consent.Does this count for anything?

I also have a SMS text from him telling me: ...deposit is irrelevant if I have to move out...I have the means to settle my rent in full as soon as we sort out my invoices properly.
Can he legally withold the deposit money from 01-11-07 and the 2 months rent money he now owes? I feel his hourly rate of £18.00 was too steep and have made him what I consider to be a reasonable offer for work done? Surely it is a seperate issue, although no doubt one of his own contriving?
Thank-you