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pwhite8112
18-02-2008, 20:20 PM
I have a tenant that has paid 6 months in advance and a bond 3 months into their tenancy and we are having problems with damage to the property ie broken windows smashed door how do I stand legally can I evict him and do i have to return their rent which has not been yet used and can I deduct eviction costs if any from these funds

Many thanks

pcwilkins
18-02-2008, 21:23 PM
I have a tenant that has paid 6 months in advance and a bond

And the deposit is presumably in a TDS?


3 months into their tenancy and we are having problems with damage to the property ie broken windows smashed door how do I stand legally can I evict him

No --- at least, not immediately. You need to follow the proper legal procedure* which could take longer than 3 months.

*No doubt you know what the proper legal procedure is; because nobody would be stupid enough to lend someone an expensive asset like a property without knowing how they could get it back....right?


and do i have to return their rent which has not been yet used

I don't think you will manage to evict them before the end of their 6 month term, so there won't be any "unused" rent.


and can I deduct eviction costs if any from these funds

I don't think so but I may be wrong.

Just make sure you serve notice so that you can evict T as soon as possible after end of fixed term.

Peter

jeffrey
18-02-2008, 22:58 PM
I have a tenant that has paid 6 months in advance and a bond 3 months into their tenancy and we are having problems with damage to the property ie broken windows smashed door how do I stand legally can I evict him and do i have to return their rent which has not been yet used and can I deduct eviction costs if any from these funds

Many thanks
pcw is right, of course.
Use s.8 Notice and cite grounds 12/13/14 (as appropriate). Include full text of grounds used AND particulars of precisely what T has done wrong in contravention of each.
These are discretionary grounds (so Court will not necessarily award possession to you); but, if g14 is used with or without the others, you can begin proceedings immediately after serving Notice i.e. no waiting period required.

Ericthelobster
18-02-2008, 23:29 PM
And the deposit is presumably in a TDS?
A wot...?
here's a bit of white text to fool this stupid system into thinking my message isn't too short to post

pcwilkins
19-02-2008, 07:58 AM
A wot...?

Incidentally, does the OP get the prize for the longest post without any punctuation?

Peter

johnboy
19-02-2008, 08:41 AM
Peter you seem to get very excited about punctuation, spelling and grammer. Ever thought about a career change??

rinomanfroni
19-02-2008, 09:09 AM
It depends on how much you have in the deposit that you should have had requested before letting the apartment. If the cost of repairing the damages is higher than the rent, than you will apply an increase of the rent in a month (obviously you first have to fill the forms cited above and wait for a positive response)

Colincbayley
19-02-2008, 09:10 AM
It depends on how much you have in the deposit that you should have had requested before letting the apartment. If the cost of repairing the damages is higher than the rent, than you will apply an increase of the rent (obviously you first have to fill the forms cited above and wait for a positive response)

Whats a Hom?

Colincbayley
19-02-2008, 09:11 AM
Whats a Hom?

Oh, I see you've changed it!:rolleyes:

rinomanfroni
19-02-2008, 09:12 AM
Oops sorry, I mispelt it... now it should be corrected!

jeffrey
19-02-2008, 09:40 AM
Peter you seem to get very excited about punctuation, spelling and grammer. Ever thought about a career change??
Don't get excited about grammer; grammar, on the other hand, is OK.

pcwilkins
19-02-2008, 11:41 AM
Peter you seem to get very excited about punctuation, spelling and grammer. Ever thought about a career change??

You don't know what my career is at the moment; I could be a government punctuation/spelling/and grammar inspector for all you know.

Anyway, I wouldn't say I get excited about it --- I just like to help people get things right. After all, nobody likes to look stupid...

Peter

p.s. That's not how you spell grammar!

johnboy
19-02-2008, 15:35 PM
I dont need any help looking stupid I can manage that all by my self.

If you look at any of my earlier posts you should have already noticed I am the worst speller in the world and any grammmmmer non-excistent.

Its down to being slightly dyslexic.

pcwilkins
19-02-2008, 15:50 PM
If you look at any of my earlier posts you should have already noticed I am the worst speller in the world and any grammmmmer non-excistent.

We had noticed, but I was going to be polite and not say anything :)

Peter

jeffrey
19-02-2008, 15:51 PM
Whats a HOM?
According to my favourite source (http://www.acronyms.thefreedictionary.com), it's one of these:
Hall Of Mirrors
Hanford Occupational Medical System
Hazardous Organic Mishap
Heads Of Mission
Hearing Office Manager
Hierarchical Occlusion Map
High Octane/Order/Output Model
High Order Messaging
Higher Order Model
Hit Or Miss
Homeland Onshore Model
or the airport code for Homer Airport in Arkansas (not featured all that much on LandlordZONE)

pcwilkins
19-02-2008, 15:54 PM
or the airport code for Homer Airport in Arkansas (not featured all that much on LandlordZONE)

Why name an airport after a particularly stupid character from a cartoon?

I propose that the next new UK airport should be called Scooby Doo Airport.

Peter

jeffrey
19-02-2008, 15:58 PM
After all, the international airport at Finningley (near Doncaster) is named after Robin Hood. At least he lived in Loxley, near Sheffield and not too far from Doncaster- but nowhere near Nottingham, so there.