Tenants threatening court where do we stand? Newbie.

[Claymore]

Read post 16 and 20 and take note.

[MinusNothing]

Hi,

Thanks for the advice.

We have used this agency before, and whilst I'm not entirely satisfied with their service we've had no problems with evictions or tenants leaving before.


I shall educate myself more, what specifically shall I look for?

[LesleyAnne]

There is a good thread here for newbie landlords, covering a lot of what you need to know, comply with and understand:

http://forums.moneysavingexpert.com/...2&postcount=12

Read, learn and inwardly digest, as if you are breaching any of the rules and regs, the eviction of these tenants could be the least of your worries!

If you are considering staying in the letting game, you could join a LL association (fees are deductable against any tax on your rental income), and they have access to all the forms, legal guidance and helplines you could ever need.

I would 2nd all the advice about letting agents - there are some good ones out there, but bear in mind there are no minimum qualifications or experience required, and anyone can set themselves up as an LA. They do get things wrong (frequently if you read some of the tales of woes here), and if you do not know the ins and outs of letting, how do you know they are doing it right! Many is the landlord who has put their property in the care of the LA, thinking their troubles are over ... when in fact, they can only just be beginning, as the LL is ultimately liable and tenant will see you in court!!!!

[MinusNothing]

I've read and understood all the info in this thread (and more) and conversed with the letting agent and am confident that the Sec.21 has been implemented correctly. We expect them to vacate on time.

The tenant today is seeking advice from the CAB, regarding the matter.

The LA thinks they are claiming for loss and damages due to damp in the property, that may or may not be our fault or the lifestyle of the tenant (not ventilating properly etc). Our survey on buying in 2010 showed zero damp in the property.

Has anyone got any experience of a similar case?

What are the CAB likely to advise them? Will it be a small claims court thing or something else more sinister?

Any help appreciated...

[westminster]

I've read and understood all the info in this thread (and more) and conversed with the letting agent and am confident that the Sec.21 has been implemented correctly. We expect them to vacate on time.

Even if 'implemented correctly' a s.21 notice does not oblige the T to vacate, so there is no question of vacating 'on time'. This, in itself, suggests that the agent isn't entirely familiar with the legalities. He should be advising you that the T is not obliged to vacate at s.21 notice expiry, and that you'll need to apply to the court for possession.

The tenant today is seeking advice from the CAB, regarding the matter.

This would surely indicate that the T is not planning to vacate 'on time'.

The LA thinks they are claiming for loss and damages due to damp in the property, that may or may not be our fault or the lifestyle of the tenant (not ventilating properly etc). Our survey on buying in 2010 showed zero damp in the property.

Has anyone got any experience of a similar case?

See http://blog.painsmith.co.uk/2010/11/...egal-position/

[thesaint]

What are the CAB likely to advise them? Will it be a small claims court thing or something else more sinister?

Any help appreciated...

Who knows?
I suggest you do things within your control. i.e Evict them.

When you hear more about the "damp", add it to the thread.

[MrJohnnyB]

I've read and understood all the info in this thread (and more) and conversed with the letting agent and am confident that the Sec.21 has been implemented correctly. We expect them to vacate on time.

The tenant today is seeking advice from the CAB, regarding the matter.

The LA thinks they are claiming for loss and damages due to damp in the property, that may or may not be our fault or the lifestyle of the tenant (not ventilating properly etc). Our survey on buying in 2010 showed zero damp in the property.

Has anyone got any experience of a similar case?

What are the CAB likely to advise them? Will it be a small claims court thing or something else more sinister?

Any help appreciated...

I assume you just had a House buyers report or similar? Not a specific damp report. The reason could be condensation as discussed, but the cause of the condensation could be structural - lack of insulation, lack of passive/active ventilation. I have damp in my bathroom at home, this is caused because the windows do not have trickle ventilation, and the bathroom does not have extraction, if I were a tenant, I would be hesitant to concede that I should leave my windows and doors fully open in all weather, simply because the properties construction does not comply to current build regs.

To be honest, telling the cause of damp, is amazingly simple, I don't know why people struggle over it.

Your report is from 3 years ago, its perfectly plausible that a tile could have slipped or gutter become damaged in that time causing the damp issue!