Tenant pressing charges

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  • Klass03
    started a topic Tenant pressing charges

    Tenant pressing charges

    Hi all,
    My tenant gave verbal permission to the plumber to be allowed access to the property and is now saying that he didn't and is accusing us of breaking tenancy law by accessing the property.
    he has now said that items have been stolen from the home and he will be pressing charges.
    we are seeking legal advice tomorrow but has anyone had issues with a similar situation?

  • Moderator2
    replied
    Some people like to make the unilateral decision to delete threads, but they can't delete the original post (as that would effectively delete the entire thread).

    Pretty rude in my opinion, removing much of the context of a thread and effectivly binning the efforts of anyone who has offered advice.

    Leave a comment:


  • KTC
    replied
    The OP's posts apart from the very first one that started the thread have all disappeared.

    Leave a comment:


  • Telometer
    replied
    Originally posted by Klass03 View Post

    What do you mean? There has been no hostility between myself and the tenant until this point and I have, foolishly, not pursued the missing rent as it was close to Christmas and it can be a difficult time for many people and we were hoping to set up a payment plan in the New Year.
    You've been taken for a ride and now - having taken your generosity too far - is putting the frighteners on you in the hope you leave him alone in your house that he's not paying you rent for!

    What I mean is that now we understand why he's playing so peculiarly nastily all of a sudden. Get him out asap.

    Leave a comment:


  • theartfullodger
    replied
    Originally posted by Klass03 View Post

    What do you mean? There has been no hostility between myself and the tenant until this point and I have, foolishly, not pursued the missing rent as it was close to Christmas and it can be a difficult time for many people and we were hoping to set up a payment plan in the New Year.
    There is (polite, calm..) hostility between me & any tenant after 5 days of missed/short rent and no genuine reason.

    Strongly suggest you don't agree any payment plan, certainly not written: PLEASE tell us that you served the s21 & s8? You can do so in person, by hand through letterbox, ideally with witness & photo of envelope going in TODAY!

    'sfunny how he got through the 3 previous Xmas's managing to pay.

    btw your tenant may be viewing this, it's an open forum.

    Leave a comment:


  • Klass03
    replied
    Originally posted by theartfullodger View Post
    4 months rent arrears? You should already have served s8g10 then s8g10&11 then s8g8,10& 11 twice!!

    Make sure TODAY that s21 & s8g8,10& 11 have been served!

    I detect a rat: When did he move in? You may have an expert tenant who knows what he is doing & might have done it before.

    Either no reference or a full, honest, one.
    That's now my concern- they moved in 3 years ago and have been great tenants until the payments became intermittent.

    Still waiting to hear back from the solicitor- should the S21 and S8 be served via post instead or wait for a professional?

    Leave a comment:


  • Klass03
    replied
    Originally posted by Telometer View Post

    Now the truth comes out.
    What do you mean? There has been no hostility between myself and the tenant until this point and I have, foolishly, not pursued the missing rent as it was close to Christmas and it can be a difficult time for many people and we were hoping to set up a payment plan in the New Year.

    Leave a comment:


  • theartfullodger
    replied
    4 months rent arrears? You should already have served s8g10 then s8g10&11 then s8g8,10& 11 twice!!

    Make sure TODAY that s21 & s8g8,10& 11 have been served!

    I detect a rat: When did he move in? You may have an expert tenant who knows what he is doing & might have done it before.

    Either no reference or a full, honest, one.

    Leave a comment:


  • Telometer
    replied
    Originally posted by Klass03 View Post
    given that rent is in 4 month arrears?
    Now the truth comes out.

    Leave a comment:


  • Klass03
    replied
    I have spoken with a solicitor who doesn't seem to be too concerned about the theft allegations.

    The solicitor has asked for all paperwork, including the tenancy agreement. She has also asked for the how to rent guide, up to date gas check and the EPC paperwork but how do we prove that these have been previously submitted to the tenant? I didn't ask the tenant to sign anything to that effect, he old signed the tenancy agreement.

    Should a S21 be issued or is it better to use the S8 given that rent is in 4 month arrears?

    Leave a comment:


  • Klass03
    replied
    Thanks, will get this sorted today and ask the solicitor to deliver the S21. Will report back on the process so others may be helped by this in the future.

    Will get all paperwork prepared and sorted and wait to hear from the police to take our statements and see what happens from that.

    Thanks again for all advice given- it has eased a very worrying situation.

    Leave a comment:


  • sam_cat
    replied
    Originally posted by Klass03 View Post
    We are seeking legal advice but keen not to aggravate the situation
    I think you are past that point now...
    Just take the actions that are needed, ignore your worry of aggravating the situation.
    Appoint a solicitor, Ensure all your paperwork is in order, get S21 and S8 (if any grounds can be applied) issued.

    Leave a comment:


  • Klass03
    replied
    Yes will cease contact and ask the solicitor to deliver the S21.
    We are seeking legal advice but keen not to aggravate the situation

    Leave a comment:


  • KTC
    replied
    STOP communicating directly with the tenant if they are accusing you of a criminal offence. Talk to a solicitor, like, ASAP.

    Originally posted by Klass03 View Post
    The tenant is currently refusing to pay the months rent whilst seeking action. Are we within our rights to issue a section 21 during this process?
    Yes. Get an agent or a solicitor to do it on your behalf if I were you.

    Leave a comment:


  • Klass03
    replied
    Thanks for your replies.

    I have been told that someone will be in touch to take the statements from both myself and the plumber. We are yet to know what we are being accused of stealing.

    I let the plumber into the house and showed them to the boiler. He has done work for us on a number of houses and not just a random person, the tenant spoke with the plumber himself and said he could have access.

    The tenant is currently refusing to pay the months rent whilst seeking action. Are we within our rights to issue a section 21 during this process?

    Leave a comment:

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