Non-paying tenants and repairs.

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  • davidmartin_uk
    replied
    Agree with above. If the pressure is high enough to start a combi boiler or water heater or allow and electric shower to work then they have access to hot water and they will have to wait!!!

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  • DPT57
    replied
    Its possible that they are deliberately over-stating a problem or perhaps have even sabotaged the supply to prevent you evicting them. Disrepair can affect both s21 and s8 notices and either prevent or delay them.

    Is there a bath in the property? If so then although its a pain, the place is perfectly habitable.

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  • royw
    replied
    As long as the shower still works I would tell them it isn't an urgent repair so will be fixed when the lock down ends.

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  • Stew
    replied
    So if they have been with you for 6 years and you issued the S21 it's likely you put their nose of of joint I expect. As you say you had your reasons but take comfort in the fact you are far past the average tennacy length so all told you have done very very well as no void periods for six years, no extra references to take seems fantastic. I imagine a lot of landlords would be super happy with that...

    All the best Stew

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  • Slackjawedyokel
    replied
    I think that’s wise adviceStew .

    They’ve been renting here for approx 6 years. References at the time had no red flags. I think they’re just subsiding into their older age and they’re pretty outraged and hurt at being asked to move out, but various incidents over the past couple of years meant that it was time to ask them to move on. Their refusal to move and their non payment of the rent tell me that my decision was correct (difficult though it was).

    I’m not going to get annoyed by it though- plenty going on at the minute! I’ll keep my head down, issue S8s, email them re. the water (fix it if/when I can) and look forward to the day when they move out of the property and I can progress my plans for renovation.

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  • Stew
    replied
    Hi I would not go round I would just ask them the impact of the low water pressure by email, that way they really have to respond is there an issue and you are then aware of this is major or minor.

    I guess new or not, people should live within there means and if that means using the bus so be it, unless they are disabled and then might get DLA anyway.

    You have my sympathy if you get to retirement and you still cannot budget there is not much hope,, unless one of them has a major health problem and they are just burying head in the sand but from what you say it does not look like that

    How long have they rented for and did you get references when they moved in? any sign of this?

    All the best Stew.

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  • Slackjawedyokel
    replied
    Stew Thankyou for your long reply When I get a chance I will don as much HAZMAT apparel as I can muster and take a look.
    I should clarify that when I say their ‘new’ car I mean new to them and not actually brand new. Their new car is at the lower end of the spectrum and can’t have cost very much at all. I don’t have sympathy for that as a reason for not paying rent; we all take a view as to whether we want to run a car (with the costs that entails) or not. These tenants decide to run a car, but dodge much of the cost that entails (tax, mot, insurance, maintenance). Their new car came with an MOT, but they haven’t taxed it (I’m assuming it’s not insured either). I was hoping theyd get themselves moved off to a town etc where a car would be unnecessary. Ho hum!

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  • Stew
    replied
    I agree help those at risk and those in real need, by helping those abusing the situation all we do as a nation is make it ok to run up debt and not pay. I think it must be hard to be retired and renting but you did not make and are not responsible for their life to this point (or in the future). Equally being retired people they are behaving in a responsible manner.

    I find it pretty bad that as a reason for not paying rent they use the fact they had to buy a 'new car', personally I've never had a new car and I'm sure they could have bought something with a smaller budget in mind.

    I find these "types" and I try not to generalise feel entitled to something but not pay for it. I wonder if the car is paid for or on HP

    I would do as mentioned above and get the section 8 issued each and every month going forward, I'm not sure if you can issue these retrospectively for the missed months but I'm sure someone will advise.

    Lets hope when the legal process begins to move again they are first in line for removal, no doubt they won't move until baliff action so make a separate application for missed rent and if they don't pay hopefully they get a CCJ which will warn other landlords about them.

    If on the other hand you suspect any form of ill health , mental physical or otherwise take a complely different stance.

    The only positive thing you could do that 'may' help you is to check if they are claiming housing benefit if entitled and if not try and make a claim on their behalf, there are threads on here giving you the link to do this.

    I would still chase for the impact of the low water pressure so this does not come back to bite you. I would also advise the debt is still be acrued (Covid 19 does not give them free rent)

    Please take advise from someone with legal skills before acting on anything I say.

    All the best Stew.

    Leave a comment:


  • davidmartin_uk
    replied
    Yes, unfortunately while there are going to be many genuine cases of hardship there are going to be a minority who take advantage of this situation and seeing as they were already in arrears before covid it seems like this couple are those people! I have some as well !

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  • Slackjawedyokel
    replied
    Stew, they have been asked, but their answers are kind of just flam! I think they’re just irresponsible with what money they have, and I really think that much of it goes on booze!

    They did point out that they had to buy a ‘new car’ a couple of months ago. That’s true but also I have zero sympathy for that as a reason for not paying the rent- the only reason they needed a new car is that they ran their old one for ~6 years without any basic maintenance, or tax, or MOT (or presumably insurance) - not exactly surprising that the back axle dropped off one day! Their ‘new’ car will have cost much less than the amount they’ve saved each year by not doing the basic legal minimum! It was entirely predictable that their old car was not immortal, so why didn’t they put some money aside to replace it?

    Leave a comment:


  • Slackjawedyokel
    replied
    Thanks for your replies.
    davidmartin_uk , that’s kind of what I think; I don’t fancy putting myself (and my family) in a potentially dangerous situation to sort out what is an irksome rather than dangerous fault.

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  • Stew
    replied
    I would ask them what the impact of the low water pressure is via email that way it's documented

    Also ask them again why they are not paying rent, I would imagine being retired they would (hopefully) have some form of pension so should be trying to pay something at least.

    I think finding out why they are not paying is key to working out the next steps.

    All the best Stew.

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  • davidmartin_uk
    replied
    They are living there for free if they are already 2 months in arrears. I personally would not be working that hard to resolve the problem!! Its not a major issue.

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  • theartfullodger
    replied
    Non payment of rent makes no legal change to a landlord's repairing responsibilities. I'd use nrla draft letter about repairs & be diligent & thorough in my efforts & documentation of all actions, if only for any court case. S21 not affected by repair issues by S8 is. I'd also serve S8 TODAY and continue to serve again for each and every under, missed or late payment.

    Obviously no honourable landlord would provide a decent reference for such tenants. Ensure council had copies of s8s so they get as little help as possible.

    Best wishes to all decent tenants, landlords, agents: and MPs

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  • Slackjawedyokel
    replied
    Hi Stew, no there isn’t an outside tap. I’m not sure whether or not the shower is working. They haven’t mentioned it. There’s also a bath, and as far as I can tell neither of them appear too frail to use a bath.

    They complained nearly 2 months after stopping paying rent (I did point out that I sort of rely on the rent coming in to rectify problems with the property!) They haven’t said why they’re not paying the rent. A few excuses I don’t believe, and a couple of dates when they’ll pay by, which have come and gone..,

    Leave a comment:

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