george price Posted December 20, 2014 Report Share Posted December 20, 2014 My tenant has informed the LA that he is buying a house completion 18th January 15 but intends to vacate 27th January. He states that he cant afford the final rent so take it out of the deposit which would leave me £100 but he does not want to pay the rent 18th - 27th January until the 18th January, therefore based on the above, I dont trust him to pay this. He has been my tenant 46 months and has not had any rent increases. He suffered a blocked kithchen drain internally, his responsibility (externally it is appartments' management responsibility) under terms of the contract but refused to pay the plumber. Overall, he has been a right royal pain in the proverbial, I even handed full management to the LA as I didn't want to get personal with him. The LA suggested to give him notice to leave, but I thought that we should not react negatively and I bore in mind also that he had 2 young children in the local school so I did not want to disrupt their familly life. Under current legislation, with landlords at a disadvantage, I do not have time issue default notices, it would seem that he will get away with defaulting on the rent and breaking his contract on the deposit and plumbing repair, probably he will calculate the exact rent amount owing to me net of the deposit. He has also stated that he will allow viewings but will not allow a visit to the property by the LA or myself for any other purpose. Presumably I am entitled to give 24 hours notice to visit but I think he can refuse entry under current legislation, correct me if I am wrong. Can I take action through the local small courts? Link to comment Share on other sites More sharing options...
Richlist Posted December 20, 2014 Report Share Posted December 20, 2014 Presumably his deposit is protected in one of the authorised schemes ? * Its unclear if you paid the plumber or not. If you did & its the tenants responsibility (you are going to need documentation to prove that), you can make a claim for reimbursement from the deposit. * You have a choice of claiming any money owed to you either from the tenants deposit scheme adjudicators or the small claims court ....where you are likely to have a chance of more success. In either case you will need good solid documentation to support any claims. Link to comment Share on other sites More sharing options...
george price Posted December 20, 2014 Author Report Share Posted December 20, 2014 Yes, the LA holds deposit in accredited scheme. The plumber was paid by LA and deducted from my rental receipt, documentation is held by LA (advantage of using LA full management 10%), unfortunately it doesn't look as if there will be enough deposit balance remaining to to claim reimbursement because tenant is offsetting rental arrear against deposit held under the guise of not having enough money to afford the rent. So, I thank you for advising me that I can pursue the plumber's cost through the small claims court, do you think I can set into motion immediately through the small claims court recovery of defaulted rent? Thanks Link to comment Share on other sites More sharing options...
Richlist Posted December 20, 2014 Report Share Posted December 20, 2014 Personally, if I were you, I'd wait until after the tenancy has ended. You already have a potential claim for plumbing costs. You may find there will be missing, broken, dirty &/or damaged items in the property when you receive the property back & which you feel you want to charge to the outgoing tenant. Do it all in one hit but make sure you give the tenant the opportunity to pay via a letter before action, before you take SCC action. Link to comment Share on other sites More sharing options...
Melboy Posted December 21, 2014 Report Share Posted December 21, 2014 He can afford to buy a house but can't afford the last final rent payment. What bullsh*t. Inform he will have to pay it as he is in breach of contract if he doesn't... or expect the consequences of not doing so. Inform him HMC Baillif's cost are very expensive these days and he will be the one paying for their services and not you. That should focus his mind a bit. Link to comment Share on other sites More sharing options...
george price Posted December 24, 2014 Author Report Share Posted December 24, 2014 Thanks for your advice everybody, problem now solved, I received my rent through to 17th January 2015, he probably tried and was too late to withhold the rent, probably tried to not pay to avoid any deductions from his deposit of which I am only going to claim for the plumber as per the tenant's contract (also provided he doesn't wreck the place which I dont think he would do). We have block booking of 5 rental viewings for 3rd January. Have a happy Christmas and New Year. Link to comment Share on other sites More sharing options...
Richlist Posted December 24, 2014 Report Share Posted December 24, 2014 We have block booking of 5 rental viewings for 3rd January. I know the tenant has told you that he will allow viewings but do you have his specific agreement that he will allow these viewings on 3rd Jan ? Link to comment Share on other sites More sharing options...
george price Posted January 8, 2015 Author Report Share Posted January 8, 2015 Hi and happy new year. The tenant allowed the block bookings and is allowing others to view accompanied by the LA (not by me). We kindly allowed him to stay until 27th January as work needed to be done to his house that he says he is buying and has now requested another month extension as there is more work needed doing. I have already booked workmen in for the 27th to fully decorate and make any repairs and they intend to stay in my appartment whilst doing the work to expedite it. As I know them its not a problem for me, but the LA has advised that because we did not issue a section 21 notice when the tenant gave notice of leaving,it is possible that he could refuse to leave. In this event, would this be classed as 'squatting' given that he already gave notice of leaving? and, we could all move in on the 27th and start the work? Link to comment Share on other sites More sharing options...
Mortitia Posted January 9, 2015 Report Share Posted January 9, 2015 Your tenant still has a live tenancy until he surrenders it whether he pays rent or not. He could well refuse to leave. If you try to move in he will cry harassment, call the police and you will be in court for it. You need to wait until he vacates. In this situation where tenant tries to call the shots issue a Section 21 notice asap. The notice is 2 months from a rent due date but if he is being stubborn about leaving you can then apply to the courts for a possession order via Form N5 B. All time consuming but that is letting for you. Link to comment Share on other sites More sharing options...
george price Posted January 10, 2015 Author Report Share Posted January 10, 2015 The LA has today issued section 21 notice wef 17th March. His tenancy expires 17th January but we kindly allowed him to stay 10 extra days whilst his builders work on the house he is buying. He has asked for an extra extension, but we refused and requested what time he intends to vacate ojn 27th Jan, but have not yet had his response since 3 days. Link to comment Share on other sites More sharing options...
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