Tenant trouble

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    Tenant trouble

    Hi,

    Can anyone offer me any advice please. I have a tenant in my house who has been there for a year. We have had a few money problems with her but the main problem was that she upset the neighbours with loud partys, bad language and generally intimidating behaviour so much so that they have called the police a few times. I served a notice to evict and she was set to move out. However the house she was moving to then fell through and she asked me if she could stay on for the higher rent I needed. After a lot of thought I said yes but outlined several things that she had to agree to - paying on time, not having the police called out, no complaints from neighbours, report damages etc she said none of those things would be a problem. So shes still there and has paid her first month at the higher rate. However I recently visited the house and whilst there spoke to a couple of the neighbours who filled me in on everything that has been going on and its not good at all. Basically I just wanted to know how I stand with evicting her now, she has not yet signed a new contract but has also not done anything terrible since we had the chat about her staying on. The last complaints are from 2 days before our chat! I can't go on like this with her upsetting everyone and ruining the neighbours lives, can I still now serve her with another notice to evict and give her 2 months notice? Also I don't need to give her a reason do I?

    #2
    It's a pity but understandable that you didn't put your neighbours feelings before your own pocket before now.

    She would have agreed to anything in order to stay put, so you shouldn't be surprised that she didn't find God in the intervening period.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Originally posted by houselady View Post
      Hi,

      Can anyone offer me any advice please. I have a tenant in my house who has been there for a year. We have had a few money problems with her but the main problem was that she upset the neighbours with loud partys, bad language and generally intimidating behaviour so much so that they have called the police a few times. I served a notice to evict and she was set to move out. However the house she was moving to then fell through and she asked me if she could stay on for the higher rent I needed. After a lot of thought I said yes but outlined several things that she had to agree to - paying on time, not having the police called out, no complaints from neighbours, report damages etc she said none of those things would be a problem. So shes still there and has paid her first month at the higher rate. However I recently visited the house and whilst there spoke to a couple of the neighbours who filled me in on everything that has been going on and its not good at all. Basically I just wanted to know how I stand with evicting her now, she has not yet signed a new contract but has also not done anything terrible since we had the chat about her staying on. The last complaints are from 2 days before our chat! I can't go on like this with her upsetting everyone and ruining the neighbours lives, can I still now serve her with another notice to evict and give her 2 months notice? Also I don't need to give her a reason do I?
      If she has not signed a new contract she has a periodic tenancy and you can serve as21 notice requiring possession with a minimum of 2 months' notice to expire at the end of a rental period. You could also serve a section 8 ground 14 (non-rent breach of contract e.g. antisocial behaviour) which is slightly quicker, but it is not guaranteed to result in a possession order, whereas a s21 (assuming it is validly served), will do.
      '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


        #4
        My neighbours didn't approach me with the whole story until this weekend. I am well aware of my mistake in saying she can stay on but would like to know if I am able to serve another notice to evict. As she has not signed a new 6 or 12 month contract I assume the rights of a rolling one month contract are in place? So would like some advice on this please.

        Comment


          #5
          Originally posted by houselady View Post
          My neighbours didn't approach me with the whole story until this weekend. I am well aware of my mistake in saying she can stay on but would like to know if I am able to serve another notice to evict. As she has not signed a new 6 or 12 month contract I assume the rights of a rolling one month contract are in place? So would like some advice on this please.
          I would have thought that she may argue that you have offered her a new tenancy agreement, mainly because of the increase in rent.

          Whether this is true or not is something she may be willing to test in court.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Originally posted by thesaint View Post
            I would have thought that she may argue that you have offered her a new tenancy agreement, mainly because of the increase in rent.

            Whether this is true or not is something she may be willing to test in court.
            Whether it is viewed as a new contract or not may depend on the mechanism by which the rent increase was signalled.
            '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
              Originally posted by mind the gap View Post
              If she has not signed a new contract she has a periodic tenancy and you can serve as21 notice requiring possession with a minimum of 2 months' notice to expire at the end of a rental period. You could also serve a section 8 ground 14 (non-rent breach of contract e.g. antisocial behaviour) which is slightly quicker, but it is not guaranteed to result in a possession order, whereas a s21 (assuming it is validly served), will do.
              Thank you very much Mind The Gap, it was a section 21 I served initially, so its ok to serve another so soon giving two months notice? Also I do not have to give reasons do I, I only say this as I don't want to encourage her to cause more trouble for the neighbours.

              Comment


                #8
                Originally posted by thesaint View Post
                I would have thought that she may argue that you have offered her a new tenancy agreement, mainly because of the increase in rent.

                Whether this is true or not is something she may be willing to test in court.
                Thanks, even in this case I can still give her 2 months notice can't I?

                Comment


                  #9
                  Or legally am I best to wait for another complaint about her since 21 June and then speak to her about it and serve the section 21 then?

                  Comment


                    #10
                    Originally posted by houselady View Post
                    Thanks, even in this case I can still give her 2 months notice can't I?

                    Not if you have granted her another fixed term AST, albeit orally.

                    Was the mechanism for increasing the rent included in the contract for the original AST which became periodic, or was there an intention to create a new fixed term AST with a new higher rent?
                    '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


                      #11
                      The original AST was at the lower rent, a new AST would have to be drawn up with the higher amount on. It was verbal, she had been given a low rent to originally move in which she was well aware of. (She claims housing benefit) When I gave her the S21 we spoke about that and she agreed I should be getting a lot more but she couldn't get that from Housing Benefit. She then approached me to say she would pay £650 a month and would start immediately, she also owes money that she was supposed to be paying back as well.

                      Comment


                        #12
                        Originally posted by houselady View Post
                        she also owes money that she was supposed to be paying back as well.
                        So she agreed to pay a higher rent even though she couldn't/wouldn't pay the lower one?
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #13
                          Yes she did and she gave me a reason as to how she could now afford it. She paid the higher amount for the first time last week on time. I know this sounds terrible, even typing it I'm cringing - its a mess!

                          Comment


                            #14
                            Originally posted by houselady View Post
                            Yes she did and she gave me a reason as to how she could now afford it. She paid the higher amount for the first time last week on time. I know this sounds terrible, even typing it I'm cringing - its a mess!
                            After this payment, has she cleared her arrears?
                            If not, she hasn't really paid the new higher rent, she's been paying her arrears unless you have told her different.
                            Allow tenants to protect their own deposits. I want free money when they do it wrong

                            Comment


                              #15
                              She still owed me £90 so if you look at it that way this months payment would have cleared £70 of it.

                              Comment

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