Tenant wont communicate

**Snorkerz** · 14-01-2013 18:52 PM

The following is a synopsis, full details in the thread mentioned earlier

Write a letter (getting free proof of posting) to the tenant telling them that you will be attending the property at X o'clock in 3 working days time to view it's conditon as per section 11(6) of the 1985 Landlord & Tenant Act. Tell tenant to contact you if not convenient.

If tenant does not answer the door, you are okay to enter so long as all you do is view the condition of the property, though presumably your eyes may detect whether anyone is still living there! If tenant is there but refuses entry then it becomes more complex & you may have to go away & get a court order.

You would us a similar process for repairs but in that case it would be section 15 of the 1988 Housing Act.

**JCAMPER** · 15-01-2013 08:52 AM

The rent book method is for her to see her situation on the calender, she has a reciept for cash taken. I hand delivered a letter yesterday witnessed! and i got a reply today, she supposidly will let me in thur coming. if I didnt get a reply today I was going to issue a Section 21 notice which I would be totally in my right to do I believe.

**LesleyAnne** · 15-01-2013 08:59 AM

You are within rights to issue an S21, which is a "no fault" notice and you do not need reason or grounds to use it.

However, it only tells the tenant you are applying for possession in 2 months time, and they do not need to leave as tenancy does not end until you get a possession order.

You must also ensure you have fully complied with the deposit protection regs, and serve the S21 correctly, with precise dates etc, otherwise it will be invalid.

**JCAMPER** · 15-01-2013 09:05 AM

Hi when you say the Deposit Protection Regs what do you mean, when she started with me she did not have a bond, however we have now built a bond up to £160 over 6 months the rent being £350pcm.unfortunatly she lost her job and has been difficult ever since. it really annoys me when someone does not reply to you for over a week.

**JCAMPER** · 15-01-2013 09:09 AM

1. 5 Permit the Landlord or the Landlord’s employees or agents to enter the Premises at all reasonable times to inspect the same and the Landlord’s furniture and effects therein (if any) and to carry out any works of maintenance or repair to the Premises or elsewhere which the Landlord may consider to be necessary

**LesleyAnne** · 15-01-2013 09:10 AM

Originally Posted by JCAMPER

Hi when you say the Deposit Protection Regs what do you mean, when she started with me she did not have a bond, however we have now built a bond up to £160 over 6 months the rent being £350pcm.unfortunatly she lost her job and has been difficult ever since. it really annoys me when someone does not reply to you for over a week.

Any money, even paid in instalments, which is identified as a deposit or bond, must be lodged in a deposit protection scheme and the information from that scheme provided to the tenant. This must be done withing 30 days of receipt of the deposit funds. If you have not lodged the deposit monies, you are in breach of the regulations. You cannot serve a valid S21 at all unless you return the full deposit value to the tenant first. You also open yourself to a legal challenge from the tenant for 1-3x the deposit value for non-compliance with the protection laws. Even returning the deposit now does not remove the chance that tenant could claim this any time up to 6 years on ...

As for tenant not replying for over a week, tenants have lives too - could be a perfectly reasonable reason; illness, holiday, family crisis etc.

**LesleyAnne** · 15-01-2013 09:12 AM

Originally Posted by JCAMPER

1. 5 Permit the Landlord or the Landlord’s employees or agents to enter the Premises at all reasonable times to inspect the same and the Landlord’s furniture and effects therein (if any) and to carry out any works of maintenance or repair to the Premises or elsewhere which the Landlord may consider to be necessary

The key word here is in bold above - you need the tenant's permission. They can refuse this and the only way to enforce entry is to take them to court.

If she is agreeing at the moment for you to enter on Thursday, wait and see what happens then - innocent until proven guilty!

**thesaint** · 15-01-2013 09:24 AM

Originally Posted by JCAMPER

1. 5 Permit the Landlord or the Landlord’s employees or agents to enter the Premises at all reasonable times to inspect the same and the Landlord’s furniture and effects therein (if any) and to carry out any works of maintenance or repair to the Premises or elsewhere which the Landlord may consider to be necessary

So you write to the tenant saying that you will be accessing the flat under Sec 1.5 of the tenancy agreement, as well as under the section of the housing act mentioned by snorkerz.