Jump to content
Sign in to follow this  
Carryon Regardless

! day late with keys

Recommended Posts

A T departed recently at the end of the 1st six months. During her tenancy she had served notice twice, but I had informed her that I was holding her responsible for rents for the fixed term.

On the last day of the fixed term she rang to ask what to do with the keys. I 'suggested' that she 'may' prefer to post and by registered post for her proof of delivery. The following day the P.O. attempted delivery, no one to sign they went to the sorting office, but no matter. This had set up a SPT so I am due another months rent.

I wouldn't have chased this but for,

a call for me to sort the tv arial. I travelled 80 miles (x2 ways) the next day as arranged. No one home. I don't enter without expressed authorisation so went home.

She believing her neighbour (my T) had scratched her car and complained about accusations about him from long ago. Coincidentally his lock had been super glued. I travelled again to drill and replace lock. My conversation with her confirmed my belief she had been naughty, of course no proof.

She leaves with £58+ outstanding on the account. I didn't actually expect the extra month but threw it on a statement to the G'tor for effect. She rang very angry and threatening to tell all how bad I and the flat are, yawn.

We are just back from sailing in Greece but before leaving I sent a letter to her and G'tor, recorded. It explained that if, as she stated in the phone call, no notice was due as she had served notice to quit in November last then I am able to claim distress of rents for the period she remained after the notice expired. Now home and she has paid, minus £3.60 for some reason, but that'l do. I'm not used to these little bonuses so we're off t' Guinness shop to celebrate.

Share this post


Link to post
Share on other sites

Oh, thanks Grampa the distress of rents is a little gem you gifted to us all some time ago. I owe you a Guinness or 2 ;)

Share this post


Link to post
Share on other sites
12 hours ago, Carryon Regardless said:

Oh, thanks Grampa the distress of rents is a little gem you gifted to us all some time ago. I owe you a Guinness or 2 ;)

Can you explain distress of rents, thanks

Share this post


Link to post
Share on other sites

A T serves notice to leave but stays beyond the given date. From that date we are able to charge double rent.

http://www.landlordzone.co.uk/content/ending-assured-shorthold-tenancy

Scroll down to 'Double Rent'.

I see this has been abolished for commercial rents, and maybe my link is out of date?? I'm happy with the result the threat got me anyway.

Share this post


Link to post
Share on other sites

I successfully won a distress of rent hearing and eviction about 3 years ago which I have posted the details on this site somewhere.

I wasnt aware there had been a change to the law regarding it but its not something you do on a regular basis.

The value of it is you can you it as a threat to a tenant but 9 times out of 10 I find its not a problem for a tenant to want a stay a few days longer than the originally given date.

Share this post


Link to post
Share on other sites
4 hours ago, bil8999 said:

Can you explain distress of rents, thanks

It relates to Section 18 of The Distress for Rent Act 1737

Which states if you have a tenant who fails to leave on the date given in their notice to quit than the landlord can charge them the equivalent of  double rent but it cant be called rent it is referred to as mesne profits as the occupier is a trespasser.

 

Share this post


Link to post
Share on other sites

True Grampa. Many times in the past T's have communicated well that they intend to move on. It's not uncommon for them to request some flexibility on their move out date and for the good 'uns I've no issue and charge for each day. I don't aim for a no loss turn around anyway and usually expect a little TLC will be needed between T's. 

My patience has run out for the abusers who continually get away with their abuses. Where they enjoy trying to work one on me I look for the legislated response to balance some. After all where they don't understand, not that I am responsible for their education, they only need ask me, or CAB, or Shelter, or go to a solicitor and pay as we would need to.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

×