Help regarding cunning tenant

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    Help regarding cunning tenant

    Re: Help regarding cunning tenant

    Hello Experts,

    I need your valuable advice regarding rent arrear issue. I let my property to a single mother with two children for £1300 per month from June 2018 for a one-year AST. However, I found out that she lives with her boyfriend and boyfriend’s son along her two daughters. From the first month, the tenant started delaying rental payments. Finally, when the arrear of rent had become £4000, I gave her a section 8 notice. At the same time, I also filed a case to small money claim. I was expecting a judgment against her but suddenly I found out that she filed a counter claim against me for £10,000.

    The tenant made false statement saying she paid me rent in cash and the condition of the property conditions are not good. She outlined the below issues:



    1. First 4 months the boiler was not working, hence they suffered a lot. (This is a false statement, the boiler was working from the beginning, however, when it started giving problem after few months, I got this replaced)

    2. Cracks in the wall (This was always there as this is an old flat)

    3. Water leak from upstairs (There was an issue and it was fixed immediately after she reported this)

    4. Water blockage outside (This is the first time I heard)

    5. Window insecure (This is the first time I heard this)

    None of these was notified to me in written. However, there were WhatsApp communication during the boiler and water leak issue. I don’t have any access to the property from last December. I don’t know what she is doing to the property.



    At this moment, I am at a loss. I don’t know what to do. Please advise.

    Thanks in advance.

    Regards,



    #2
    Get a section 21 issued asap IIWY.

    If woman complains to the council, that avenue will be closed to you.

    Comment


      #3
      section 21 can be issued 2 months before the 12 months contract which is on 23 of April. My question is what will happen in the money claim if she falsified these allegation?

      Comment


        #4
        No. You can issue the s21 now.

        The money claim is just bluster, surely to wind you up. (Looks like it worked.)

        Comment


          #5
          She would have no evidence of paying you rent such as receipts or bank account withdrawals so just go ahead with the s8. I wouldnt do the MCOL at the same time as it could confuse things

          Comment


            #6
            S8 will result in court & legal costs even if case is adjourned, won't it?

            s21 IIWY.

            Comment


              #7
              Agree with S21 and you can bet she has done this before!



              Freedom at the point of zero............

              Comment


                #8
                I agree it sounds like whatever you say, you could have the best boiler in the world and the best flat in the world.

                If there isnt anything wrong then she will make up things that are wrong to frustrate the process.

                The s21 she can't defend but it does take 2 months

                Comment


                  #9
                  I have a clause in my ASTs to the effect that I will never accept payment of rent in cash unless the tenant accompanies me to the bank, deposits the cash in person, and receives a receipt. (I don't think you can refuse to accept cash altogether, but I certainly don't want to be walking around with thousands of £ in my pocket -- but I reckoned such a clause would make a "I paid in cash" claim by a tenant a tad less plausible if it came to court).

                  Next time learn -- and don't accept tenants that smell like this one did.

                  Comment


                    #10
                    Agree with above comments, S21 and learn from this as 'AndrewDod' says, the story behind this sounded wrong in the first place, once they are in the front door it's too late.

                    Comment

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