End tenancy early to have house as our home

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    End tenancy early to have house as our home

    Hi. I'm in need of advice please.
    we have a a property thay we habe rented out for 13 years. Every tenant has been a night mare.
    we have now decided we want to move into the property our selves as its no longer possible to keep paying the upkeep for 2 properties.
    our current tenant moved in to the property at the end of November. Since then we have had problems getting the rent every week with one excuse after another the latest being that the partner has left and she been signed off sick and will have to claim hb.
    we have come to the decision to give up out home to live in the property we rent out. The tenant is currently 3 weeks in arrears with no plan on how or when she will pay.
    we want to end tenancy as soon as possible but we want to do it the right way.
    any advice would be greatly received.

    #2
    How long was the fixed term tenancy that you gave them in November?
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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      #3
      s8 g8, 10, 11 but no Repo before end of fixed term at least.

      Just try serving 2 month s21 at end of 4th month.

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        #4
        Hi we gave her a standard 12 month contract. It has a 6 month clause in it but I don' fully understand what It means. The tenant has had arrears since end of December with missed or late payments.
        we were meant to buy the house we are living in but due to the tenant being unreliable we didn't want to get another mortgage if she is goinf to be a non payer. That's when we decided we would move into the house our selves.
        I've repeatedly asked for her references and proof of I'd but she still hasn' provided us with copies. She gives one excuse after another regarding nonnpayment of rent and I'e
        Lost all sympathy for her as i believe shes is simply playing games

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          #5
          Wow. Yes you’re making the right decision of calling it quits as you clearly have no idea what you’re doing and I’m amazed you’ve lasted 13 years at doing this.

          S8’s are the only way forward really but don’t expect to get it back for at least another 6 months.

          Good luck.

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            #6
            Your best bet is probably the six month break clause (assuming that's what it is).

            I would use a professional to sort this out - either a solicitor or a specialist repossession service.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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              #7
              Originally posted by Sal and dan View Post
              Hi we gave her a standard 12 month contract. It has a 6 month clause in it but I don' fully understand what It means.
              Standard tenancy is 6 months not 12 as it's quicker to get someone out if things go wrong. References and proof (whatever proof is) are totally pointless after you've handed over keys to your property to a stranger.
              "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

              What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

              Comment


                #8
                Originally posted by Sal and dan View Post
                ................. we have had problems getting the rent every week with ................
                Weekly rent? In cash? Have you provided a rent book?

                Does the tenancy state rent payable weekly?

                There is no "standard 12 month tenancy". Where did you get the format of the tenancy from - RLA,NLA, Gov.uk???

                You let them move in without YOU taking references? Don't! With respect, you don't "ask tenant for reference" you get application form filled in with current & previous landlord then YOU contact them, having checked they are genuine landlords.

                What was the credit check like on this esteemed tenant?

                No proof of ID? Could be painful fine under "Right to rent". You don't let people have a tenancy or keys or move in without doing all paperwork including right to rent check, even if they are kipper daily-wail readers.

                Any deposit taken? If so, was it protected & PI served within 30 days?

                Do any training as a landlord during those 13 years?
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Thanks for all the comments firstly I'd like to point out we are accidental landlords never actually planned to be landords. I too don't understand how we have lasted 13 years as we have had nothing but bad luck. We do all the things we are meant to regarding safety checks for property and maintain it as it should be. Normally I have all the references and job checks done before they move in but I screwed up this time and am now litteraly paying for it.
                  rent is payed weekly direct to bank account. This is stated in the tenancy that it's paid weekly. I keep a record of all payments made and them days and method of payment.
                  all I want is for her to either pay her rent or leave it' not a lot to ask.

                  Comment


                    #10
                    S8 g10 & 11: Send LBA TODAY for unpaid rent as 1st step for small claims (see CaB website for guidance). Explain to tenant they will get CCJ quicker that way unless all arrears sorted and stay sorted.

                    You have a big problem with right-to-rent, can't see a way out.

                    A rent book is required, see LL&T Act s4

                    Is there a break clause in your "standard" contract?
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                      #11
                      There are no 'accidental LLs', esp not after 13 years, only ones uneducated in LL&T Law. For 13 years you have been lucky, now you are about to receive an expensive lesson.

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