Shower waste broken away, tenants refusing to pay rent

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    #16
    Originally posted by jpucng62 View Post
    Presumably these are tenants who will claim they were given a S21 for no reason! How will we evict this sort of tenant once S21 has been removed?
    Using a Section 8 if the tenants stop paying the rent as these tenants are threatening to do.

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      #17
      Originally posted by jpucng62 View Post
      Presumably these are tenants who will claim they were given a S21 for no reason! How will we evict this sort of tenant once S21 has been removed?
      If you weren't able to evict, you'd put the rent up to compensate for the additional work.
      Which might even be a better solution here.
      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).

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        #18
        Originally posted by jpkeates View Post
        If you weren't able to evict, you'd put the rent up to compensate for the additional work.
        Which might even be a better solution here.
        Fortunately there is no proposal to bring in rent caps in England!

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          #19
          Originally posted by DoricPixie View Post

          Using a Section 8 if the tenants stop paying the rent as these tenants are threatening to do.
          But they haven't done so yet - and that's always going to be a decision that could go against you.

          Would these people change their behaviour if it were their own house / drain / bill?

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            #20
            Originally posted by jpucng62 View Post

            But they haven't done so yet - and that's always going to be a decision that could go against you.

            Would these people change their behaviour if it were their own house / drain / bill?
            If the tenants are at fault the landlord can bill them. Do that a few times and you'd hope the eejits would learn.

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              #21
              Update:
              I had thought the tenants knew that they would be leaving. It turns out our agent did not tell them because the EICR was not completed at the beginning, I was told it was done after I followed up on it. So we cannot issue the Section 21. I cannot find any mention of the EICR in the Section 21, so why is this needed in order to evict?
              Obviously this needs to be addressed urgently. The agent had organised the electrician to sort this out with the shower.
              The agent informed the tenants that the contractor will be arriving today, first thing to start work. The tenant emailed late last night to say this was not convenient and they would not allow access.
              This is after they have threatened to withhold rent, I paid £2,000 to the contractor via the agent to have this sorted ASAP.
              I now believe it is past the point where the agent is capable of sorting this out quickly. I need to seek external legal advice.
              Does anyone have any suggestions on how to proceed? Or a good solicitor to use?

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                #22
                Originally posted by DoricPixie View Post
                What kind of dog is it? I had a tenant who washed her Sheltie every single day and she managed to completely clog up the drain from the bath. Silly bitch, and I don't mean the dog.

                Let's be clear, the tenancy is not up in August. The fixed term ends in August which is not the same as the tenancy ending. If the tenants choose to remain in the property following the end of the fixed term that is their right either under contractual or statutory law and the tenancy will simply become periodic. If you want them to leave you will need to start by issuing a Section 21 notice.
                To answer the above regarding the dog, we were led to believe it was a small dog however my husband visited the flat last year. He told me it was at least a medium-sized dog, it came up to mid thigh.

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                  #23
                  Originally posted by Landperson View Post
                  Update:I had thought the tenants knew that they would be leaving. It turns out our agent did not tell them because the EICR was not completed at the beginning, I was told it was done after I followed up on it. So we cannot issue the Section 21. I cannot find any mention of the EICR in the Section 21, so why is this needed in order to evict?
                  It isn't.
                  It's required to stop you being fined by the local authority - but it has no impact on a section 21 notice.

                  The agent informed the tenants that the contractor will be arriving today, first thing to start work. The tenant emailed late last night to say this was not convenient and they would not allow access.
                  Make a record of that being declined.

                  I now believe it is past the point where the agent is capable of sorting this out quickly.
                  I think that this point was reached several months ago.
                  Your agent seems incapable of pretty much anything (see the EICR and the confusion about the s21 notice).
                  Does anyone have any suggestions on how to proceed?
                  Google "nearly legal section 21 checklist" which is a guide to establish if a section 21 notice is valid or not.
                  Work it backwards to make sure that you have everything in place to serve a section 21 notice.
                  Then, if you feel able to, serve the notice.
                  If you don't (and don't feel bad about that) use a specialist in tenant evictions to do it for you.

                  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).

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                    #24
                    I don't believe the EICR is a problem. Google Nearlylegal S21

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                      #25
                      I wonder what else the agent forgot. If you're going to get them to serve the s21 notice for you then I would inspect it before sending to make sure they've got it right.

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                        #26
                        There are commerncial firms on this site which are specialist at eviction, have a look around here, i agree with the others, i would not allow the agent to do anymore, they are out of their depth or simply bone-idle.

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                          #27
                          What is the description of works for which you have paid £2,000?
                          Assume I know nothing.

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                            #28
                            Originally posted by Hudson01 View Post
                            There are commercial firms on this site which are specialist at eviction, have a look around here.
                            Not any more there aren't.
                            The directory section is now four companies.

                            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


                              #29
                              The above........ whoops.

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                                #30
                                Hi all.
                                Update:
                                We have served S21. The EICR issues has been carried rectified.
                                The tenants initially said they would move out early.
                                They have now come back and asked to stay if they pay the higher rent. We have told them no.
                                The Letting team have told me that the tenants have refused to allow access for viewing and are saying that we are racist for evicting them.
                                I will update when I can.
                                It is a scary thought of other people dealing with these tenants and not having the ability to evict.

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