Tenant handed me a Rent Cessation Notice

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    Tenant handed me a Rent Cessation Notice

    The Tenant was banging on my door this morning and handed me a piece of paper with the words "Rent Cessation Notice". Underneath was a poorly worded piece of legalese, full of grammatical errors and spelling mistakes. The gist of it says that the tenant has stopped paying rent and won't be paying any rent again. She says that this is because of a water leak coming through the roof that hasn't been fixed.

    #2
    Fix the leak.

    Comment


      #3
      Why haven't you fixed the leak? What plans did you have in place yesterday to fix it?

      How many weeks rent currently owed?

      Is this a lodger who shares your home, or a tenant who lives in a separate building please?
      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


        #4
        If you're in England or Wales, there's no such thing as a rent cessation notice, and, even if the landlord has been delinquent in getting a roof leak fixed, rent remains due.
        The tenant may be entitled to compensation for the lack of repairs, but they can't decide to award themselves all of the rent.

        But the points above are valid, why has the tenant been reduced to this?
        What's stopping the roof being fixed?
        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).

        Comment


          #5
          The property is in a nice area of London and overlooks Hampstead Heath. It is the 2nd floor apartment and there was a drug dealer living upstairs in the 3rd floor apartment and he left the bath running and flooded her flat below. He's on remand in prison awaiting trial but someone broke in there over the weekend and has flooded the place again and my tenant is now whingeing about the bathwater coming through the ceiling. I am at the airport now as I'm flying off to Portugal to my holiday home so I'm very angry that the tenant has chosen this moment (the morning I leave for my holidays) to behave like this. Don't know what to do but have sent an email to Paul Shamplina to start eviction.

          Comment


            #6
            This is the text message I have sent to the Tenant

            "I am now serving Notice to Quit and a section 8 Eviction Notice. Please vacate the property in the next 7 days. I will retain all of the deposit. Should the flat not be vacated I will ask David to forcibly remove you from the premises". She responded and told me to f*** off.

            David is the caretaker who lives in the basement.

            Comment


              #7
              She has a point, you're not allowed to take the law into your own hands any more than she is. She can't withhold her rent because someone in the flat above left the tap on. You have to serve notice properly and you can't keep the deposit just because she's a pain. If you can't cope with tenant's contacting you at inconvenient times perhaps appoint an agent to do it for you.

              Comment


                #8
                This has to be a wind up. There has been a couple on here over the last few days.
                Unshackled by the chains of idle vanity, A modest manatee, that's me

                Comment


                  #9
                  If I was a tenant with a leaking roof then I'd be somewhat narked if the LL told me to put up with it because he couldn't be bothered as he was off abroad for a holiday.

                  As said "sending the heavies' round to throw someone out is ilegal eviction - and you could end up in prison rather than Portugal.

                  PS. I still think someone is trying out plots for Eastenders.

                  Comment


                    #10
                    Originally posted by islandgirl View Post
                    This has to be a wind up. There has been a couple on here over the last few days.
                    I am with you on this one....... too odd to even come up with a rational reply.

                    Comment


                      #11
                      A landlord's notice to quit (if periodic AST ) has no effect, means nothing legally

                      The judge will be very interested to hear you've gone on holiday leaving tenant with leak.

                      With respect, get it fixed!

                      Done any training in Landlord/tenant law please?

                      Your threatening tenant with unlawful eviction could and has landed landlords and their minions in jail.

                      Surely this is so bad it must be a wind up.....
                      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


                        #12
                        Originally posted by ColinHH View Post
                        This is the text message I have sent to the Tenant

                        "I am now serving Notice to Quit and a section 8 Eviction Notice. Please vacate the property in the next 7 days. I will retain all of the deposit. Should the flat not be vacated I will ask David to forcibly remove you from the premises". She responded and told me to f*** off..
                        That's probably a reasonable response.

                        Your text message is probably a criminal offence in itself, and if David does as you request it will definitely be one.

                        Your tenant can probably defend the section 8 notice on the basis of disrepair and, unless the rent is more than six month in arrears, will need to be a minimum of 4 month's, so nothing's going to happen any time soon.

                        And, yes, sounds a little unreal.
                        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).

                        Comment


                          #13
                          Sorry that you all find it so hilarious. This isn't a wind-up. It is what happened. I'm frank and say it like it is, no messing about.
                          Why do you think I would come on here and waste my time by asking questions if this hasn't happened?

                          I can't access the third floor flat because the owner can't be contacted so it's unclear as to how access can be gained to stop the leak.

                          My tenant has been a pest for a long time, wandering around the communal hallway naked, and was sat out in the street naked playing a violin and other behaviour. She wants locking up and I will be glad to get rid of her but I'm not having it that she's suspended rent payments. I have contacted the council to have her housing benefit paid directly to me (as it should have been right from the beginning).

                          How do I get her out promptly without it costing £££

                          Comment


                            #14
                            OK I'll bite.

                            Her alleged previous behaviour has no relevence.

                            In this sotuation you put her up in alternative accomodation that is suitable for habitation- ie without a leak from a flat above.

                            She pays the same rent as she is (shoild be) now, until the original flat is fit to live in again.

                            Stop making threats that could end up with you being prosecuted/jailed.

                            And as said do so landlord training - ot at least find out what the law is.

                            Oh yes - unless she is already months in arrears then her benefits are none of your buisness and you won't get an MPTL.

                            Comment


                              #15
                              ColinHH

                              Very unprofessional posting comments like that on a LL forum

                              Merely threatening a tenant like you have, they could sue for harassment/damages

                              And as forcibly removing T could get you up to 2 years in Fines, Prison or both !
                              Fed up with nitpickers and rivet counters...

                              Comment

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