Dave A Posted October 14, 2013 Report Share Posted October 14, 2013 We've never been in this position before, most of our tenants stay long term and have been with us since we started or they leave amicably when their situations have changed. We have never had to evict anyone, and have managed to keep an arms length amicable status with our tenants.... Tenants have been with us for over three years. The first two were fine, chatty even. Since then they have become ever more demanding and more rude to the point of being verbally hostile towards us. The last meeting ended abruptly with both of them shouting at us and no actual communication being achieved, they asked us to leave. This is all over some condensation in the living room, they do not ventilate the house, keep it too hot and have refused to try a dehumidifier. We had a decorator with us who told us and them that painting the wall whilst it is still wet is a waste of time, common sense. They refused to do anything to dry it out. They have had a new tenancy with them for about a fortnight, this has a £15.00 per month price increase in it. Following the last disastrous meeting I have emailed them to let them know that this would be their last tenancy with us, and that we would not be completing the decorating work. I felt letting them know they wouldn't be getting a new tenancy was fairest thing to do as I was effectively giving them 5 and half months to sort themselves out elsewhere. Since then I have received a request for a reference from an agency. Would you give an entirely honest reference, knowing that it will make it more difficult for them to find somewhere else? They are still paying the rent, but ignoring the £15 increase. They have not returned the tenancy. All emails are ignored. I'm not bothered about losing £15 a month, we want them out as soon as possible really, it has got to the point were communication is never going to resume. This pair wallow in a good dispute and are getting a kick out of it. What would you do? I have some idea, but really want to make sure in case I'm about to make matters worse. It does not involve baseball bats by the way. Cheers Dave Link to comment Share on other sites More sharing options...
Melboy Posted October 14, 2013 Report Share Posted October 14, 2013 Let them go was my first thoughts. You don't need the hassle of tenants like this. It looks like they are going anyway so be it. They have not actually done anything wrong as yet apart from a few verbals to you and non payment of a rent increase so keep it to the basic facts like they paid their rent on time, never in arrears and have not so far as you aware caused any damage to the property etc. etc.when replying to the L/Agency If they have not signed the new contract I guess you know they are on the move anyway. Make sure the deposit, if you took one, is legally protected under the 2007 Deposit Act. With tenants like this they do tend to use the last months rent payable from the deposit to get one over the landlord or at least that's their mind set on it. Link to comment Share on other sites More sharing options...
Grampa Posted October 14, 2013 Report Share Posted October 14, 2013 The only thing that concerns me is the contract they have but hasn't been signed. If they move out its not a problem. If it hasn't been signed by the landlord it shouldn't be a problem also. But if its been signed by the landlord and the tenants have it and don't move out, what it the condition of the tenancy? Do you take the view it is periodic and not signed or is it a new tenancy and has been signed? This muddies the waters if you want to serve a s21 because a tricky tenant will either sign it or not depending whichever option contradicts the s21 notice served by the landlord. Hope that makes sense. I always try to avoid sending out AST to sign but if I do, I get the tenant sign first then return both copies and then sign & send one back Link to comment Share on other sites More sharing options...
Dave A Posted October 14, 2013 Author Report Share Posted October 14, 2013 We haven't signed the AST, we normally get the tenant to do this first. Dave Link to comment Share on other sites More sharing options...
Carryon Regardless Posted October 14, 2013 Report Share Posted October 14, 2013 They are on a periodic, you can now decide to serve a S21 if that's your preference. When a tenancy turns sour I will wait till the last day to serve a notice (well three days before the end of a period). You are lucky that they still pay as my experience is that they prefer to keep all dosh and only part with it as they must, is there a G'tor ? By giving least time for them to be aware of the S21 it usually means I'm losing less. Serving the S21 now(ish) is likely to mean it expires around the xmas period, often not a good time to re let. Of course they might well be gone sooner or hang on till the Court hoofs 'em out. I would serve the S21 anyway, just in case you need that power. The new tenancy contract is a worthless document unsigned, it should stay that way. I prefer periodic tenancies anyway. Stay open to communication, given opportunity explain that without it a tenancy CANNOT WORK. If there is communication only consider where it provides advantage for you and be diplomatic. Stuff 'em, as you realise they practice making life difficult. Link to comment Share on other sites More sharing options...
Grampa Posted October 14, 2013 Report Share Posted October 14, 2013 I guess you could now just serve a s13 and increase the rent as much as possible, that might keep them focused on moving on and any extra they don't pay take out of the deposit. Link to comment Share on other sites More sharing options...
Dave A Posted October 17, 2013 Author Report Share Posted October 17, 2013 Thanks for the feedback, we have decided that while they are paying the rent we will do nothing. If they decide to go, that's fine we'll deal with that. Otherwise we will serve them during Feb so that there's a good chance the frosts will have gone and we won't have to pay to heat the house over the winter. We will also be in a better position to let the property in the early spring. If they stop paying, then we will deal with that swiftly. As they have cats, we took just under two months deposit, so fingers crossed. We will keep communication to a minimum and avoid antagonising them. Will update with any developments. Dave Link to comment Share on other sites More sharing options...
Melboy Posted October 17, 2013 Report Share Posted October 17, 2013 That's the best course of action to take but I bet you they will have a go at you re condensation again if they do decide to stay BUT if an LA is requesting your approval on them as tenants my suspicion is that they are making the move to go. Personally I think hitting them with a £15 a month rent increase hasn't helped the situation. That could be a big hole in their budget for some tenants. Better to do it in slow drip rises over 1 or 2 years at a lower rate imo. Link to comment Share on other sites More sharing options...
Dave A Posted October 17, 2013 Author Report Share Posted October 17, 2013 I hear what you're saying about the £15, it works out at 1.4% annually as they hadn't had an increase since Sept. 11. As they were at that time being good tenants we decided not to make any increase, but when things started to go wrong, it was a case of "nothing to lose" and it might persuade them to go of their own accord. Dave Link to comment Share on other sites More sharing options...
Dave A Posted November 11, 2013 Author Report Share Posted November 11, 2013 Just an update, have received the tenants notice today. Not a great time to be re letting, but pleased to see the back of this pair. Dave Link to comment Share on other sites More sharing options...
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