Rent arrears/damaged property/noise issues

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Rent arrears/damaged property/noise issues

    Dear All

    I have a tenant who has breached her tenancy agreement, which runs out on in March 09. These are:

    * Persistently delayed in paying rent.
    * Acted in a way which has constituted a nuisance and annoyance to the occupier of the other flat.
    * Allowed dog waste to accumulate in the yard of the premises as a result of which Environmental Services wrote to them asking for remedial action.
    * They have tried to hack saw the end of the bath off to get a different bathroom unit in.
    * They have removed the storage cabinet from the bathroom in order to put this other cabinet in, which obviously did not fit.

    My solicitor has served a section 21 notice for them to leave in March. We were going to take them to court, but if it goes in the tenants favour, I will be made to pay their legal fees which could be up to £1000.

    There is a deposit paid which is lodged with DPS, but I know this will not cover everything, i.e. unpaid rent.

    What do people think? Is it worth serving the section 8 and taking the tenant to court or just waiting it out and pursuing the debt after the tenant leaves in March.

    The system stinks!

    Many thanks for your time )

    #2
    Originally posted by Syd73 View Post
    Dear All

    I have a tenant who has breached her tenancy agreement, which runs out on in March 09. These are:

    * Persistently delayed in paying rent.
    * Acted in a way which has constituted a nuisance and annoyance to the occupier of the other flat.
    * Allowed dog waste to accumulate in the yard of the premises as a result of which Environmental Services wrote to them asking for remedial action.
    * They have tried to hack saw the end of the bath off to get a different bathroom unit in.
    * They have removed the storage cabinet from the bathroom in order to put this other cabinet in, which obviously did not fit.

    My solicitor has served a section 21 notice for them to leave in March. We were going to take them to court, but if it goes in the tenants favour, I will be made to pay their legal fees which could be up to £1000.

    There is a deposit paid which is lodged with DPS, but I know this will not cover everything, i.e. unpaid rent.

    What do people think? Is it worth serving the section 8 and taking the tenant to court or just waiting it out and pursuing the debt after the tenant leaves in March.

    The system stinks!

    Many thanks for your time )
    Are there rent arrears involved?

    I would go down section 8 route. What’s to say the tenant will not stay put and you would have to start legal proceedings in March. With a successful section 8 case you can have possesion close to March and a court order for tenant to pay the arrears and damages.

    Comment


      #3
      Late rent gets later and later each month, my feeling is they are going to do a bunk. October's rent was 3 weeks late, I have received £60 of November's rent, leaving o/s balance of £515, that will also be 3 weeks late tomorrow.

      Think I'll wait till the New Year and review things then.

      Financially I can not afford a tenant who does not pay their rent, my solicitor seemed to think the court may evict them as I am not a wealthy landlord, just someone who is trying to pay the mortgage on a property that they used to live in themselves.

      Is it worth asking for the property back? It was my main residence before renting.

      Does anyone have any experience of being successful in court?!?

      Comment


        #4
        why not serve a section 8 and section 21 then proceed with normal court proceedings (as opposed to accelerated) - you are bound to get a possession order under section 21 so you would be in a stronger position re costs. It will place the onus on the tenants to leave and / or make an offer - speak to your solicitor they should advise you on this.
        PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

        Comment


          #5
          also re your finances i think it is unlikely the court would give any great consideration to that
          PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

          Comment


            #6
            Thanks. I'll sit it out till the New Year and review things then.

            Comment

            Latest Activity

            Collapse

            Working...
            X