Regardless of when they pay the rent in practice, does the tenancy state rent is payable weekly?? If so you need to give them a rent book (or similar) and update it every week...
Originally Posted by Doonsmum
Advice hereabouts is NEVER write to T recorded-signed-for (except for notices... or Sheriff Officers..) as chances are, particularly with difficult Ts, they will decline to sign. The legilsation gives no days grace from when rent is due (which is why what it says in tenancy about when rent is payable is key..) but mandatory eviction for rent arrears only works for 3 months owing on notice service & court case: Being a bit late is discretionary grounds for Sheriff to decide & chancy....
Are they entitled to any days grace in which to produce the rent and under the circumstances should I now send them a recorded delivery letter every time the rent is overdue?
Did you check by getting tenant credit & other checks done?? Of course tenants change their job status: AFAIK you have no right to be informed (discuss.... interesting point given some insurers conditions...)
I know when they arrived I was told that one was a self employed joiner and the other a chef in the local village but I don't think the joiner has had more than one job since they moved in at the start of September and I know the Chef (although dishwasher is probably a more apt description!) is only called in when required and I don't think he's had any work for weeks and I know he has recently applied for two local jobs. So if my ad in the paper stated no DSS and they have since started claiming DSS do I have grounds for eviction under that or would I have had to state in my contract that they would have to advise me if their employment status changed?
ARrrrrrrgggggggggggggggggghhhhhhhhhhhhhhhhhhhh!!!! !! ALL furnishings must be appropriately labelled (or you can prove you bought recently - eg 1 year-old IKEA invoice..see..
They took the place on fully furnished but now seem to be desperate to get rid of the suite, which isn't new but in perfectly useable condition. It was re-upholstered years ago and has no label on for fire retardancy - apparently not required - and we know the cushions are in a retardant sleeve cos hubby is a fire consultant! They want to take a cushion and cover to have it tested though and they also wanted it in writing that the thermostats on the heaters are all working.
I've written as you suggested (yesterday) and put everything in writing and said they will have to pay for the fire test,
Anything else, unless quite old (see legislation.gov.uk..) must not be in property (A Fire Consultant will know this legislation backwards...) : Telling them they pay for a Fire test is likely (well, it would for me if I were T ....) to be red rag to bull....and picked up with enthusiasm by legal-aid solicitor,... I failed to put what I usually put about writing: Make it calm & polite.. Apologies for my oversight...
See also SaL's very helpful safety in lettings leaflet... which covers fire regs (& gas & leccy...)
I fear their lawyer will enjoy producing that in front of Sheriff....
I want written details of when, where, by whom it will be done and that they will have to pay to replace anything that comes back unusable or damaged. I have also said they can bring in an electrical engineer to look at the heaters when we are present and we will only replace them like for like if the thermostats are faulty. We're certain they aren't cos we've tested them but they just want the place like an oven and don't understand what they're doing wrong and are now getting all stroppy and wanting everything in writing. I'm more than happy to do that though but I cannot understand what their end goal is. I'm thinking they assume they'll be allowed to put their own furniture in if they get rid of mine but since it was let fully furnished we will not allow them to.
The house or flat is tenant's property, merely your investment, whilst there is a valid tenancy (including if they ain't paid rent..) . Of course T can put his own furniture in... Addendums to SaTs after being signed I suspect may not be valid or, worse, construed as granting a new tenancy. I handle points like that by emailing T saying (eg.. calm & polite) "Thanks Jamesie for letting me know you will be installing your own sofa: Please note you do so at your own risk. Best regards, Artful..."
Can I legally prevent them from putting their own suite or armchairs in there since they took the place on fully furnished and is it possible to create an addendum to a SAT?
a) Can you prove AT5 served before tenancy signed??
b) Is EPC booked??
c) Are you registered???
I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...