Shorthold Agreement, should I b worried

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  • Shorthold Agreement, should I b worried

    Hello, I wondered if anyone has general advice about the following: my tenant paid one month then changed his date from7th to 25th. I made him pay the difference. Sincethen he has become rather awkward. He runs a business from the address but denies it, he does not respond to my emails or letters, he does not want me to inspect the premises as he feels it is an invasion of his privacy. He will not give me details of his second reference which I asked for before the let started in November 07 when he said he would forward them to me. He seems a bit evasive and has lied about his previous address. The let will end on 6 November this year. He thinks I am a nuisance and says he has had very successful lets where nobody bothered him. All I have asked to do is separate some plants in the garden. Wondered if any of this could lead to problems.
    As you have probably gathered I am very new to this.
    Any help very much appreciated
    Thanks

  • #2
    Further information:
    1. Please confirm actual start date for tenancy, was it November 2007, and for a fixed term of 2 years?
    2. The day the tenant pays rent can be different from the day it is due if you have agreed to this, but doesn't alter the contractual obligation as to the due date.
    3. Don't you agree it was rather premature to allow a tenant to take up occupation before you had obtained all relevant paperwork?
    4. You have an implied right of entry to inspect for repairs etc. but still cannot enter uninvited.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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    • #3
      Shorthold Agreement, should I b worried

      Thanks for replying. They started the tenancy on 7 November 2008 for one year. Today he has refused access to the garden for work to be carried out ie pruning, splitting etc. I says I can't take anything which I don't want to do, but the work needs doing and the agreements says he can't do it. I was stupid to allow entry before paperwork, I vaguely knew the couple and made the big mistake of being rushed by them. Can he refuse entry.
      Thanks

      Comment


      • #4
        Originally posted by allyt View Post
        I says I can't take anything which I don't want to do, but the work needs doing and the agreements says he can't do it.
        Thanks
        Sorry! This is a bit incomprehensible - can you explain? As far as entry is concerned you can't enter the premises uninvited as I have already said, but the garden is slightly different as you might be able to access this via a separate gate or similar. Don't antagonise the tenant though as that could be a form of harassment.
        Negotiation is always preferable.

        No! You shouldn't have been rushed into anything as your tenant is now in control, and is an easy (and often costly) mistake to make.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

        Comment


        • #5
          Originally posted by allyt View Post
          Thanks for replying. They started the tenancy on 7 November 2008 for one year. Today he has refused access to the garden for work to be carried out ie pruning, splitting etc. I says I can't take anything which I don't want to do, but the work needs doing and the agreements says he can't do it. I was stupid to allow entry before paperwork, I vaguely knew the couple and made the big mistake of being rushed by them. Can he refuse entry.
          Thanks
          Hi, if he refuses entry you should request access in writing to carry out the work, giving a reasonable period of notice. If he continues to refuse, you could apply for a court order compelling him to do so. Now, it is unlikely you would want to go this far, but it may be something for you to bear in mind in your negotiations with him.

          Good luck

          Preston

          Comment


          • #6
            Originally posted by Paul_f View Post
            As far as entry is concerned you can't enter the premises uninvited as I have already said, but the garden is slightly different as you might be able to access this via a separate gate or similar. Don't antagonise the tenant though as that could be a form of harassment.
            Negotiation is always preferable.
            This seems illogical.

            If the garden is part of the property, LL's access to it must surely be subject to the same conditions (ie the 'quiet enjoyment' stuff) as the house/flat itself. That means surely, that LL cannot just go in 'via a separate gate' and do the gardening against the T's wishes/without his permission.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


            • #7
              Shorthold Agreement, should I b worried

              To clarify. I want to enter the back garden of the property. Our contract states that the tenant should not prune or cut down any bush, tree or plant. I have asked for permission to enter the back garden to carry out the work as there are many fruiting trees and bushes which need this work carrying out at this time of year. Secondly, the tenant is running a business (enlarging photos on to canvas) from the property but denying this. He is refusing to allow a property inspection and I think this is because of the business. I have not been to the property since 7 November 08 when he moved in and would like to do an inspection and maintenance on the garden. I think I have a right to do the inspection and the garden maintenance.

              Comment


              • #8
                Originally posted by mind the gap View Post
                This seems illogical.

                If the garden is part of the property, LL's access to it must surely be subject to the same conditions (ie the 'quiet enjoyment' stuff) as the house/flat itself. That means surely, that LL cannot just go in 'via a separate gate' and do the gardening against the T's wishes/without his permission.
                You're right about carrying out work in the garden, but access to the premises i.e. living quarters is rather different from just entering a garden via a gate for instance, which is not nearly as severe. It's akin to entering a farmer's field rather than the farmhouse.
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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