7DY Posted January 29, 2013 Report Share Posted January 29, 2013 Hi. I have a cottage on my farm on a shorthold tenancy which was taken by the current tenants on the misunderstanding that they worked. For the first month they appeared to be working hard, and paying their way but after Christmas they have apparently both been laid off by the same employer. I supply the cottage with calor gas from a storage tank and electricity from the farm supply, both metered however the tenants say they cannot afford to pay my invoices as they have been waiting for JSA and housing benefit to pay the rent. I have now told them in writing that I require the utilities settled by 4th or I will disconnect their supplies and that I will undertake an accelerated eviction if the rent is not forthcoming. The tenants tell me I am acting outside the law, so what would be the correct way to go about this? Link to comment Share on other sites More sharing options...
Grampa Posted January 29, 2013 Report Share Posted January 29, 2013 I don’t think you can do that as it would be classed as illegal eviction and you could get into trouble. I suggest you serve s21 and s8 as soon as you can. If you don’t know how, post the dates of the tenancy. If you took a deposit did you protect it correctly? If not a s21 cannot be used. Link to comment Share on other sites More sharing options...
7DY Posted January 29, 2013 Author Report Share Posted January 29, 2013 Thanks for the reply. the tenancy commenced 1st December and I agreed to allow the tenants to pay me in instalments to cover the deposit £800 and rent £550, until 7th Jan they had paid me a total of £550 for Dec' and £450 for Jan' and £350 towards their deposit. I have not put their deposit in the protected scheme as its not completely paid up. As yet they are only £100 short on the rent but that will increase on this Friday. The tenants argue that I am not qualified in trades or have the authority to disconnect the electricity or the gas, I disagree in that I supply the gas by way of tank and the electric is also via the farm supply. Link to comment Share on other sites More sharing options...
Mortitia Posted January 29, 2013 Report Share Posted January 29, 2013 Even the likes of British Gas et al don't disconnect just like that - you are acting a bit heavy handedly IMO. Go about evicting them the legal way and recover the utility money from their deposit - if they take legal advice .............there could be a problem for you. You can't issue a valid Section 21 until deposit is protected. Seems you will be very late in doing it or better still refund it to tenants - again if they take advice you could be up for paying them 3 X paid deposit. Deposit has to be protected within 30 days I think. - not sure about deposit installments. I might pay the deposit back and encourage them to leave pronto with no further action on the basis that you cannot get blood out of a stone Mortitia Link to comment Share on other sites More sharing options...
Melboy Posted January 29, 2013 Report Share Posted January 29, 2013 Hand back the deposit in £pound notes as they leave the building handing you the keys and with you clutching the surrender of tenancy paper in your hand signed by them. If you can get them to do this you are laughing because if they don't leave you will be heading for major problems in as much. 1.You have not protected the deposit. 2. If you cut off the utilities the Judge will have you for breakfast and find in favour of the tenants regardless of non payment of rent and it could be 6 months before they are gone and YOU will have no rent and no come-back whatsoever. Welcome to 21st Century landlording. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted January 29, 2013 Report Share Posted January 29, 2013 You are able to submit the deposit within 30 of your receiving it, see 3 https://www.depositprotection.com/documents/terms-and-conditions.pdf but it isn't clear when you took payment of the 'part' deposit. I would be interested in what documentation demonstrates this to be 'deposit', although it's probably too risky to attempt to try and call this a payment toward rent or other. There are stringent requirements regarding the deposit protection and the information 'you' are required to provide to your T's. About Our Scheme - Deposit Protection Service Online it shouldn't take too long but the reading to understand your responsibilities might. Your T's might be using the wrong argument to prevent you switching them off and freezing them into submission, but they are demonstrating their awareness that you would be legally wrong. In fact your harassment (threats) already leave you at risk. For them to learn more is easy and there are many ways they will be supported. Affect their peaceful enjoyment of 'their' home and I am sure you will regret it. Link to comment Share on other sites More sharing options...
Taxpayer Posted March 2, 2013 Report Share Posted March 2, 2013 Hi. I have a cottage on my farm on a shorthold tenancy which was taken by the current tenants on the misunderstanding that they worked. For the first month they appeared to be working hard, and paying their way but after Christmas they have apparently both been laid off by the same employer. I supply the cottage with calor gas from a storage tank and electricity from the farm supply, both metered however the tenants say they cannot afford to pay my invoices as they have been waiting for JSA and housing benefit to pay the rent. I have now told them in writing that I require the utilities settled by 4th or I will disconnect their supplies and that I will undertake an accelerated eviction if the rent is not forthcoming. The tenants tell me I am acting outside the law, so what would be the correct way to go about this? Link to comment Share on other sites More sharing options...
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