sunshinett55 Posted February 7, 2010 Report Share Posted February 7, 2010 Hello quite a few probs actually. Old tenants were a problem and quite agressive to me. It was a JOINT TENANCY AGREEMENT BETWEEN FRIENDS. One friend wanted to leave after 3 months, so I had to give the other person a LETTER GIVING THREE MONTHS NOTICE. But I gave them every opp to find someone new. They are now saying that they did not need to stay for three months. The reason being is that I made a slip in in the tenancy agreement, it says that the LANDLORD HAS TO GIVE THREE MONTHS NOTICE, but the tenant has to give 2. This is a typing error. But when one tenant wanted to leave I said that the other did not want to and I would give her 3 months notice, so this is correct in teh tenancy agreement, as that tenant did not give me written notice to leave, I gave her notice. The other tenant gave me a written note saying he wanted to leave. So can they get me on this? The other thing is that one of the tenants seems to owe money to lots of people. Post has arrived since she left, she obviously does not want to change her address re these people as she is in debt with them. Can I open post for past tenants, they left on 10 Dec it is now 7 Feb? These seem to be chasing letters. The tenants are also in despute over DEPOSIT, I gave them a cheque and recently sent them another cheque which they say is £90 short, but it is not. They are terrible people calling me a theif threatening to take me to court. ONe is on benefits so guess she will get free legal aid. She could not return to work by allaccounts as she hit someone. They have not cashed my two cheques and say they wont as they are not happy with the amount returned. The other thing and dont know if this carries any weight and will get them off my backs is that I found post, bank statements, from 8 Oct, the time they occupied the hse, to ANOTHER PERSON, who was not meant to be there! This person actually was in the local papers as being remanded in custody, of no fixed abode, for property damage in early Jan. This person seems to have used our property address as her own. Surely the tenants are responsible for this? Sent them an email to one of the tenants, they said contact the other tenant as they knew where she was and who she was, and that they had already forwarded mail onto her. Therefore they admitted that they knew she was using the address! Sent email to other tenant saying who was she? Other tenant replied by email to say that she was an exgirlfriend and sorry she used address for post. So therefore they both knew that she used address for post and I think lived there, but how do I prove anything? Also will using this address as her own, with tenants knowing, carry any weight if they take me to court over deposit monies and paying one months rent too much in their eyes? They are the sort of people that dont care, the girl owes money to everyone, but wont cash my cheques! Any help please? Thank you. Link to comment Share on other sites More sharing options...
Selkirk Posted February 11, 2010 Report Share Posted February 11, 2010 Do not open post, it's not addressed to you afterall. Instead write on the front 'moved away no forwarding address', put a couple of lines through the name and address and put back in the mail box. Most companies have a return address on the back which I would circle to highlight. What's contained in a letter relates to the addressee, don't get involved with someone else's issues. cheers Selkirk Link to comment Share on other sites More sharing options...
sunshinett55 Posted February 12, 2010 Author Report Share Posted February 12, 2010 Do not open post, it's not addressed to you afterall. Instead write on the front 'moved away no forwarding address', put a couple of lines through the name and address and put back in the mail box. Most companies have a return address on the back which I would circle to highlight. What's contained in a letter relates to the addressee, don't get involved with someone else's issues. cheers Selkirk Hello Selkirk You sound really experienced! Thanks for all info. What I have done is emailed those that I know emails to for instance elec, hsbc, I could find email address from internet and then put them back in post as not at this address. But just wanted to see whos post was comign to hse and there was one for a girl during the time that tenants were there, and they admitted in emails to me after leaving that this person was a girlfriend of one of them and had no permission to use address. So this was totally wrong of them to let someone use the address as theirs when it was not! Surely if case went to court over dep monies they would be at fault for this, also at fault for having dog in hse for two weeks, when no pets, also for tv licencing writing to them saying no tv licence, although think that they might have had one for a while,but not all of tenancy. so surely a solicitor would see that they have done wrong during tenancy and therefore cannot not chase me! What do you think. Do tenants get away with these things, breaking tenancy agreements and allowign others to use address? thanks again Link to comment Share on other sites More sharing options...
Selkirk Posted February 13, 2010 Report Share Posted February 13, 2010 Hi Some of this is common sense i would have thought, like keeping all the emails. Post - just write on the envelope ' not at this address - return to sender' and post in post box end of! Unfortunately the law is 80% (conservative guess) on the side of the Tenant, that's why you have to get things right. You appear to be concerned about things that may have a slim chance of happening, pointless, deal with the present. In a nutshell, assuming you have the property back, return all post to sender, change locks, let property unfurnished, use letting agent and forget all previous tenants, get on with your life. Good Luck cheers Selkirk Link to comment Share on other sites More sharing options...
sunshinett55 Posted February 13, 2010 Author Report Share Posted February 13, 2010 Hi Some of this is common sense i would have thought, like keeping all the emails. Post - just write on the envelope ' not at this address - return to sender' and post in post box end of! Unfortunately the law is 80% (conservative guess) on the side of the Tenant, that's why you have to get things right. You appear to be concerned about things that may have a slim chance of happening, pointless, deal with the present. In a nutshell, assuming you have the property back, return all post to sender, change locks, let property unfurnished, use letting agent and forget all previous tenants, get on with your life. Good Luck cheers Selkirk Hello Selkirk I did let again myself, so will have to keep it like this for now with current tenants and hope they are good ones. They did sign a tenancy agreement and also an inventory. Though will have to do a new uptodate inventory as originally they signed for the white goods in the hse, and curtains up at windows, but since have installed their own white goods and curtains, so suppose I should do a new inventory to bring it up to date for my file and theirs. The ex tenants giving trouble actually moved to a hse locally, that is actually let through an estate agent, so they acutally managed to get a hse through a letting agency. This shows how even people like this can slip through the net and you could go with a letting agency and still get them. When they applied to me, I did asked to see last 3 months of bank stats, (not bank ref as this takes a long time here on IOM, know this from past experience), also got an emp refs (one was on maternity leave, that is the one that was on benefits) and also contacted DHSS to get her money paid by BACS. So they passed the emp refs and bank stats with me, and must have done the same again I presume with the letting agency. Perhaps across they do more tests on them than over here but someone has got this lady and she is not good. Taht is why I wonder what is the point of a letting agency when they have let to someone like this?? I presume your letting agencies are a lot better. The only thing if fully managed it would take away face to face contact, and also if probs arose at end of tenancy hopefully the letting agency would sort it out, is this how you see it? Or would it still go to court and landlord lose out in worse case senario. Fasinating talking to you. Bye for now have to put wash on line, nice sunny day here on ISLE OF MAN, husband and older children away on hols (school hol over here) and have little one with me. Have to go to shops soon to get val card and pressie. Link to comment Share on other sites More sharing options...
Chestnut Posted February 13, 2010 Report Share Posted February 13, 2010 Inventory. Ensure that your inventory correctly reflects your property and goods as and when tenants moved in, and keep a dated note of anything that you (or they) have removed from property or replaced at any time since. (I do an annual inspection.) Don't confuse with their inventory, if they have one - it's not your concern. At the end of tenancy you need to be in a position to check the whereabouts or status (e.g. even if scrapped or sold) of all that you had at the start of that tenancy, with an idea of the value. Use of an agent. This is your choice. For one property, if you live nearby, it may not be necessary. You will have more to do, but more direct control over the tenancy (choice of tenant, state of property, etc) without cost of a fee. From reading this site you will see a variety of comment on this. Naturally agents recommend use of an agent! Link to comment Share on other sites More sharing options...
sunshinett55 Posted February 14, 2010 Author Report Share Posted February 14, 2010 Inventory. Ensure that your inventory correctly reflects your property and goods as and when tenants moved in, and keep a dated note of anything that you (or they) have removed from property or replaced at any time since. (I do an annual inspection.) Don't confuse with their inventory, if they have one - it's not your concern. At the end of tenancy you need to be in a position to check the whereabouts or status (e.g. even if scrapped or sold) of all that you had at the start of that tenancy, with an idea of the value. Use of an agent. This is your choice. For one property, if you live nearby, it may not be necessary. You will have more to do, but more direct control over the tenancy (choice of tenant, state of property, etc) without cost of a fee. From reading this site you will see a variety of comment on this. Naturally agents recommend use of an agent! Hello Chestnut Thanks for reply Yes I did decide back in Oct 2007, when we first let hse to do it myself, as hse only down road and know a plummer and electrician, although have to pay them, cheaper than letting agents use. so decided to give it a go. Used a local letting agency tenancy agreement (knew a friend who rented off them) and put some extra clauses in it from Which book and another landlord book. The letting agency Tenancy Agreement to me seemed to lack in clauses to protect every thing, it seemed very basic in this way so added some more. Well dont know if I would have been better off, cert with first lot of tenants as they would not have got on a letting agencies book as one a student. With last lot they actually have moved from me to let with a local letting agency a hse approx 10 mins away, so they are awful tenants, but still renting someone elses hse. Do you use letting agencies? Do you just use their standard tenancy agreement, or ask them to add certain clauses? if so what clauses do you like to include? Re the inventory, again I took the letting agencies inventory and just put my own thing on it. I get the tenants to sign this inventory when they move in. Like you say things do change, last year cooker replaced and bought a fire. What would you do in this instance really you need their signatures on a piece of paper again re this, but then they might think that is over the top and think you are a really fussy landlord who does not trust them? Or do you redo the inventory everytime something is added? I hope you dont mind me asking, but do you let your hse yourself? Do you do your own Tenancy Agreegment, if so do you take it off a landlords site? What do you recommend? I have not registered long with this site, but it is really interesting. Nice for landlords to chat together and if they can offer help advice, and if not their experiences, good or bad. thank you again Chestnut. Link to comment Share on other sites More sharing options...
Chestnut Posted February 14, 2010 Report Share Posted February 14, 2010 Sunshine, I don't use an agent - I live nearby. My tenancy agreement was downloaded from the internet for the essential and legal points and modified to suit my requirements (e.g. no smoking). I forget from where I found it but there's a download on this site now. I update my inventory in the tenants' presence whenever something is changed and we note inspection points like condition of carpets, paintwork etc. It may be as well to get tenant to endorse notes where value is affected. How particular you need to be depends on your relationship with your tenant (something you wouldn't have to work on if you used an agent). Tenants can vary tremendously (I know) and may change attitude quite suddenly according to their life's circumstances. You may need to react quickly if something goes wrong (e.g. leaks, boiler failure, etc) - it is you that they are paying. I treat the property as if it was my own home and have found that a responsive service encourages the tenant to do likewise, building up a good relationship. If you can't offer this adequately then use an agent. Link to comment Share on other sites More sharing options...
simhar Posted February 15, 2010 Report Share Posted February 15, 2010 Sunshine, I don't use an agent - I live nearby. My tenancy agreement was downloaded from the internet for the essential and legal points and modified to suit my requirements (e.g. no smoking). I forget from where I found it but there's a download on this site now. I update my inventory in the tenants' presence whenever something is changed and we note inspection points like condition of carpets, paintwork etc. It may be as well to get tenant to endorse notes where value is affected. How particular you need to be depends on your relationship with your tenant (something you wouldn't have to work on if you used an agent). Tenants can vary tremendously (I know) and may change attitude quite suddenly according to their life's circumstances. You may need to react quickly if something goes wrong (e.g. leaks, boiler failure, etc) - it is you that they are paying. I treat the property as if it was my own home and have found that a responsive service encourages the tenant to do likewise, building up a good relationship. If you can't offer this adequately then use an agent. Isnt opening post NOT addressed to you against the law? Just put on the envelope - Return To Sender. Best Regards Property Management Software Property Management Software for property professionals and investors Link to comment Share on other sites More sharing options...
sunshinett55 Posted February 15, 2010 Author Report Share Posted February 15, 2010 Sunshine, I don't use an agent - I live nearby. My tenancy agreement was downloaded from the internet for the essential and legal points and modified to suit my requirements (e.g. no smoking). I forget from where I found it but there's a download on this site now. I update my inventory in the tenants' presence whenever something is changed and we note inspection points like condition of carpets, paintwork etc. It may be as well to get tenant to endorse notes where value is affected. How particular you need to be depends on your relationship with your tenant (something you wouldn't have to work on if you used an agent). Tenants can vary tremendously (I know) and may change attitude quite suddenly according to their life's circumstances. You may need to react quickly if something goes wrong (e.g. leaks, boiler failure, etc) - it is you that they are paying. I treat the property as if it was my own home and have found that a responsive service encourages the tenant to do likewise, building up a good relationship. If you can't offer this adequately then use an agent. Hello Chestnut Nice to know someone else that deals directly with tenants, and does own tenancy agreement. Like you I tailed mine to try and cover most of the things that are needed. No smoking like you say, and that tenants are responsible for all bills, gas, elec etc. I try like you to act on things quickly and listen to tenants requests, comments. thanks again. Nice to chat. Link to comment Share on other sites More sharing options...
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