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One tenant moved out


GrosAve

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Now.

Once the tenant has been informed that you require possession of the property (S21 issued) then you can send them the letter detailing what they need to do to ensure their deposit is returned. This will give them plenty of notice and time to prepare.

I usually resend the letter 2 weeks before they are due to go to reinforce the importance of handing the property back in an acceptable condition. There are of course no guarantees but people often make the effort if they understand what is expected.

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Whilst were on the subject of breaking legs and knee-capping can I just break-in to say my Son has just received notification that the Bailiff's have secured his outstanding money invoice for completed work of around £1,500 so it must have cost the debtor about £2,200 to pay up to the Bailiff's ?

Stupid when you think about it as the debtor had the money to pay but thought they could just get away with it.

In this particular case it is most fortunate that they did take the sensible option and pay up because I dread to think of the alternative action that was on the menu for them. :D

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Glad to hear of your son's debt recovery Mel but I agree that GrosAve should attempt this legally and professionally.

I write this as one who has a conviction for 'violent entry into premises' whilst evicting a tenant a couple of years back - fine of £1000 but tenant flew out thinking family might come and get him. He owed £4K rent (property in London) so £1K fine stopped it mounting up any further.

GrosAve - send letter now as previously suggested by RL so T knows you mean business and he is not staying for a chat!

When notice expires and suppose tenant does not move out immediately fill out form N5B (to obtain a court order to remove him)from HMCS website - smart move might be to download the forms now and take a good look at what info you need to give to be prepared.

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Letter will be sent tomorrow and again 2 weeks before the leave date. One question, on the S21 it stated after 28th August, can I now put 29th August on the letter? That's the date they should leave.

Melboy - very good to hear your son recovered his debt.

Sound advice about downloading the form and familiarising myself now.

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Hello all, an update.

The tenant has paid the May rent that was due on May 29th and has already told me, in a text, that June will be late, by how long I don't know. He has also told me twice in text that he will ignore my notification of possession of property, S21. I have not responded to any of his texts.

So far I sent the S21, then I sent a letter confirming what he'd said in texts about paying the rent. In that letter I pointed out that the property was very damp and he needs to ventilate the flat. Also raised that the garden is in a real state and needs immediate attention. He text me to say he was going to do that. Then Friday I sent the letter about how the property should be left on Aug 29th when he leaves. He has not text me about this last letter that he would have received on Saturday, or at the latest Tuesday (I sent it 1st).

As he has said twice now in text that he will be ignoring my notice do you think I should address this in a letter now reiterating that I am complying with our AST by giving 2 months notice and that if he doesn't leave I will be applying for a court order to request him to leave?

One point that he has brought up in his texts and I haven't told you all about is... Before any of this started, i.e. late payment of rent and me visiting and discovering the place in such a state I did send him a letter asking if he wanted to renew the tenancy to which he said yes via text. I never confirmed and to be honest it was always on my mind that I didn't think he would be able to afford it.

Any advice on next steps?

Many thanks.

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Yes, don't enter into any discussion by text or letter about him leaving/not leaving. Wait it out tight lipped and patiently. If you do go into the court order bit by letter he could accuse you of harassment and that will only prolong the agony. Don't no matter how tempted you are to intervene.

What were you thinking about - offering new tenancy without first inspecting! Since he signed nothing you have every right to evict.

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  • 2 weeks later...

An update.

Ok, May rent paid and now June is overdue, was due on June 29th.

Also been advised that there is a glitch in that I do not have evidence of providing the tenant with details of their deposit registered in the Deposit Scheme back in 2009. I have all the details here and did register it and can remember informing my tenants but I just don't have that evidence of informing them.

So two questions really:

Is it ok to contact the tenant re the late payment of rent via letter and email?

Do you think the second point is going to be a show stopper in terms of not having the evidence of informing the tenants of their registered deposit?

Many thanks

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If I were you I think I'd reissue the PI (prescribed information) to the tenant with a covering letter saying you have been advised to reissue them with their deposit information. Include with the letter a note for them to sign & return confirming receipt of the information.

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Agree with the above advice GrosAve.

You could just briefly mention the unpaid rent when you send 'another copy' of the PI but don't blag on about it and pending court action.

I always make tenants sign a receipt for the PI and keep it on file - then there can be no argument later.

It is amazing how many tenants never read and lose any deposit documents and I have one right now who has no idea how to get her deposit back and blaming me for with holding which I am not!

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Hi, I visited the property today because I had noted in a letter to the tenant that the garden and damp problem needed sorting out in the flat. Anyway the grass had been cut but the damp is still bad.

Whilst I was there he asked me if I still wanted him to move out on 29th August and I said yes. He said he might need more time than that. I advised he should be out by then because otherwise the next step would be to get a court order and we don't really want to go down that route. He asked me for a landlord reference too. When I got home I asked when he would be paying Junes rent and he said Friday and would I write a reference for him.

I don't know what to do for the best, I want him out ASAP so I guess a glowing reference would be the way forward however that wouldn't be the truth. What would you guys advise?

The good thing is he seems to have accepted that he is going now and not refusing to go.

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I don't agree with giving a reference with incorrect information but there is nothing to stop you giving a very basic one stating how long they have lived there and if all the rent was paid etc. It would be down to the future new landlord to ask further questions if they want more info.

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Agree with Grampa.

Provide basic reference with positive factual information without any added glow. You could state 'over 8 years tenancy with minimal problems' as you stated here in your original opening post, and add rent paid regularly. I wouldn't include anything about whether all paid on time or not.

Place letter in sealed envelope addressed 'To whom it may concern'. (But expect tenant to open it anyway.)

Stick to your departure date, as you have commented. I guess any tenant under eviction would ask for more time.

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Having just his week provided a tenant reference for an LA / Landlord I just stick to the basics of what I have been asked in the question sheet.

I guess if you had a real problem tenant that you are only too pleased to see the back of and were causing you a lot a grief and misery then being economical with the truth would not actually be beyond me I have to say. :D

This doesn't mean I am a bad person.

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Yes I agree with Melboy although, I believe there is a fine line to walk...........

Lets remember.....its not a court of law so, its not entirely necessary to cover everything in ie...... the truth, the whole truth and nothing but the truth.

But, in my opinion, its important to ensure you tell the truth and in telling that truth but knowingly omitting the whole truth one doesn't inadvertently tell a lie.....that would clearly NOT be acceptable.

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Thanks guys for your advise, I understand what you're saying and will take it on board. Is there a 'template' for providing a reference for a tenant? Or is it just in letter format?

As June rent is late I'm going to tell him I will provide the reference once June & July rent has been put into my account.

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