Can I refuse payment of rent arrears and still evict tenant

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    Can I refuse payment of rent arrears and still evict tenant

    My tenant gave me 2 months notice to quit. He then made a partial payment and instructed me to deduct the remaining rent from his deposit. I refused and told him to leave when his partial payment ends and will issue eviction notice when his partial rent ends. He now says he will pay the rent till the end. I hate him and want him out so can I refuse the payment and evict him anyway? Can I send his nasty emails to his employer to shame him even if he pays the rent?

    #2
    You can't issue an eviction notice, only a court can - a PO. Well, you could but it would be invalid..

    How does tenancy state rent is paid (cash, bank transfer....). Think a court would consider refusal to accept rent strange and Chuck out case.

    Did you mean an s21 or s8?
    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


      #3
      Originally posted by dr1980 View Post
      My tenant gave me 2 months notice to quit. He then made a partial payment and instructed me to deduct the remaining rent from his deposit. I refused and told him to leave when his partial payment ends and will issue eviction notice when his partial rent ends.
      You threatened to give someone four month's notice to leave (which has little practical effect) when the tenant's own notice ends the tenancy and you could go to court to enforce it if they don't leave?

      He now says he will pay the rent till the end
      Great news!
      I hate him and want him out so can I refuse the payment and evict him anyway?
      You can't refuse payment.
      You can gift them the money back if you insist.
      Can I send his nasty emails to his employer to shame him even if he pays the rent?
      Telling someone's employer that they pay their rent doesn't sound too shaming to me.

      Letting property for money is a business.
      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


        #4
        Be professional in your communications with your T, it's understandable that emotions are greater when one side abuses the relationship at the cost of the other party. If you can not I would recommend giving the property to an agent to manage and therefore you don't have the stress with communicating with T's in the future.

        Comment


          #5
          Originally posted by dr1980 View Post
          Can I send his nasty emails to his employer to shame him even if he pays the rent?
          Harassment and defamation etc. are illegal.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            Thank you all for your sensible advice.

            So if he pays (as normal) by standing order after two weeks in order to pay the remaining two weeks of the month's rent I can do nothing. I will then have to leave him there until he leaves at the end of two months?

            I won't mention the rent to the employers (if he pays) but I want to send them the nasty personal emails he sent to show his true character. I also wanted to send the photos of his house to everyone showing how dirty it was (see below) but I am worried though that it would breach his tenant's rights and if it is illegal. I just don't want him to get away with this.

            When he moved in, through now fault of my own I was unable to give it a professional clean. However I did state in the lease (which he signed) that he has to have a professional clean at the end. However he claims that he doesn't have to as the place was not professionally cleaned when he moved in (I admitted it in writing) and he is only expected to leave it as he found it? Can he do that even though he signed the lease promising to?

            I did not do an inventory (because my wife had a heart attack and I was distracted). He has a dog and when I demanded an inspection and took photos including in cupboards (as he threatened not to clean) I could see dog hair everywhere including under cupboards and some damage on the door and carpets from the dog. He said that was there when he moved in (and I have no proof otherwise). He said he does not have to keep the place spotlessly clean during the tenancy as long as he leaves it clean when he leaves and any mess is not causing and damage. Surely that is not right?

            My wife and I gave him a good telling off when we went in (my wife shouted a little) and he said we harassed him in his own home.

            His property is on my grounds and I have been doing a lot of work renovating the house next door and sometimes have workmen around his house. He says I should give him 24 hours' notice before any workmen come OUTSIDE his house in his garden. Is that correct I thought it just applied inside?

            I allowed him to park his van next to his house but it's not in the lease. So I want to tell him that he now has to park it elsewhere.

            Finally he did some work for me and rather than give him cash I deducted it from his rent (so I only have to pay tax on the reduced amount too). I doubt he has declared the 'reduced rent = income'. Can I report him to tax office.

            As you can see he is a nasty piece of work. Thanks so much I am at my wit's end.

            Comment


              #7
              By the way all of his spite was because I am putting his house on the market and didn't have the time to tell him. I haven't put a sign up but he found out by accident. It's not advertised as 'tenant in situ' because it will be a holiday home. I'm sure the new buyers will just take over the tenancy so I don't know what all the fuss is about. I wouldn't give him notice until I a receive an offer anyway and that could be months away.

              Comment


                #8
                Originally posted by dr1980 View Post
                When he moved in, through now fault of my own I was unable to give it a professional clean. However I did state in the lease (which he signed) that he has to have a professional clean at the end. However he claims that he doesn't have to as the place was not professionally cleaned when he moved in (I admitted it in writing) and he is only expected to leave it as he found it? Can he do that even though he signed the lease promising to?.
                Your contract tern is illegal (Tenant Fees Act) and the tenant is correct, betterment is not allowed either.
                And your failure to clean is entirely your fault. No one else could do it and you could have waited until whatever was preventing you from doing the job property had gone away before letting the property.

                He said he does not have to keep the place spotlessly clean during the tenancy as long as he leaves it clean when he leaves and any mess is not causing and damage. Surely that is not right?
                Your tenant is, once more, correct,
                If you allowed the tenant to have a dog, dog hairs are inevitable.

                My wife and I gave him a good telling off when we went in (my wife shouted a little) and he said we harassed him in his own home.
                Once more, correct.
                Your wife has shouted at someone in their own home, how can that be OK?

                His property is on my grounds and I have been doing a lot of work renovating the house next door and sometimes have workmen around his house. He says I should give him 24 hours' notice before any workmen come OUTSIDE his house in his garden. Is that correct I thought it just applied inside?
                If what he rents includes the garden, once more, he's spot on.

                I allowed him to park his van next to his house but it's not in the lease. So I want to tell him that he now has to park it elsewhere.
                That sounds possible, unless your agreement about parking was one of the things that contributed to his agreeing to let the property.
                Given that the tenant is leaving in a few weeks, it doesn't seem to have much effect.

                Finally he did some work for me and rather than give him cash I deducted it from his rent (so I only have to pay tax on the reduced amount too). I doubt he has declared the 'reduced rent = income'. Can I report him to tax office.
                You can report him, but you're actually reporting your own tax evasion.

                As you can see he is a nasty piece of work. Thanks so much I am at my wit's end.
                One of you seems to be consistently wrong and unprofessional.
                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


                  #9
                  Selling the property with a tenant is not a problem. Simply sell it, new owner becomes new landlord, job done. I bought one with 4 tenants.

                  Forgive me, but what training have you done to be a landlord, please?

                  IMHO hating tenants or not is irrelevant: Just behave in a calm, polite, helpful manner. That will help any later case in court, rather than the alternative.
                  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


                    #10
                    Originally posted by theartfullodger View Post
                    Selling the property with a tenant is not a problem.
                    .....with an increasingly large discount.


                    Comment


                      #11
                      Originally posted by dr1980 View Post
                      By the way all of his spite was because I am putting his house on the market and didn't have the time to tell him. I haven't put a sign up but he found out by accident.
                      He's upset because you put his home up for a sale and couldn't be bothered to tell him.
                      And you think that that's odd?
                      It's not advertised as 'tenant in situ' because it will be a holiday home. I'm sure the new buyers will just take over the tenancy so I don't know what all the fuss is about.
                      If someone's buying it as a holiday home, they won't want to buy it with a tenant in situ, though, will they?
                      I wouldn't give him notice until I a receive an offer anyway and that could be months away.
                      How are you going to arrange viewings when he controls access to the property?
                      You do realise that your (currently four months) notice doesn't really mean anything other than you can take them to court to get possession, which will take months.
                      And no one will complete on a tenanted property when the landlord has served notice, because their conveyance will tell them to wait.
                      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


                        #12
                        Originally posted by jpkeates View Post
                        He's upset because you put his home up for a sale and couldn't be bothered to tell him.
                        And you think that that's odd?
                        I think there is a lot that's odd from this first time poster.

                        Is it housing charity intern week?

                        Comment


                          #13
                          Originally posted by boletus View Post
                          I think there is a lot that's odd from this first time poster.
                          Good point.

                          Come to think of it, the property being on the landlord's grounds sounds familiar.
                          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


                            #14
                            Thanks guys. You are so spot on. I am not the landlord but actually the tenant in question. All of those things are actually true and an exact report of what the landlord has done and how he has attempted to justify it. It's good to hear that you all agree he is being unreasonable. Your veiled sarcasm has made me chuckle. Well spotted Boletus....housing charity intern week, lol.

                            Comment


                              #15
                              By the way this wasn't a malicious attempt to trick you. I just wanted professional advice for what is a very unfair and extremely stressful situation. When I saw your replies to other queries I knew you were the guys to talk to. If I posed as a tenant then I surmised you might respond in the same way. Your response has been BRILLIANT. Thank you so much you've genuinely made me feel less stressed.

                              Comment

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