New T already in arrears and damaged let premises

  • Filter
  • Time
  • Show
Clear All
new posts

  • New T already in arrears and damaged let premises

    Very stupidly in haste rented out my property to a social housing tenant.
    1. She fell into arrears in the second month
    2. Destroyed all furniture (4 children and dog)
    3. Annoyed neighbours with noise, her dog did damages to neighbours garden
    4. Kept her boyfriedn in without our consent
    5. Left some of my furniture out in rain for 5 days
    6. Left the house in unkempot state
    7. Now doesnt want to share a penny of the damages (totaling 4k)
    8. Has raised a dispute with DPS

    Beware everyone and learn from my mistakes.
    There was AST drawn, money was kept with DPS (which has the habit of coming in favour of tenant) and also I used a full management package of letting agency. She has now left - cleared her arrears, we are now trying to get the deposit back - and locked horns in a dispute (BTW i have only aksed her for 10% of total damages and have invoices of work that needs doing).

    No one to blame but myself, but dont think that the law will do much, if you want to rent a house., do it yourself - be a member of an organisation, thats my 4000 pounds of wisdom.

  • #2
    Do you have an inventory showing the condition of the place when your tenant moved in?

    You do not have to accept DPS arbitration service, if you decline, the tenant will have to sue you for their deposit back and you can counterclaim for any provable damage. You must ensure that the final court decision instructs DPS to refund the deposit accordingly.

    Do you have a guarantor for this "Social Housing" tenant?


    • #3
      The letting agent did the checks and no guarantor was kept, despite me pressing for it.

      We do have a valid inventory when she checked in


      • #4
        Is there a guarantor? did the letting agent prepare an inventory?


        • #5
          Originally posted by drramanjett View Post
          The letting agent did the checks and no guarantor was kept, despite me pressing for it.

          We do have a valid inventory when she checked in
          Why did you accept the tenant without a guarantor? Or did the agent 'impose' the tenant on you without you having a choice?


          • #6
            If the inventory has been properly prepared there is no reason why the DPS should not rule in your favour for the full deposit amount. As an agent I normally prepare such a case for my clients- using the full inventory prior to occupation, photographic evidence of before and after. The move out report with itemised condition with the dispute information they send accross to you.

            Regarding the remainder of the damages its a case of court action, however as you tenant is in receipt of housing you are likely to obtain an order of £5 per week to clear the debt which will obviously eventually clear the amount outstanding but over a period of time.

            Do you have landlord insurance? I would check your details and see what you are covered for to persue a claim


            • #7
              Originally posted by Snorkerz View Post
              Why did you accept the tenant without a guarantor? Or did the agent 'impose' the tenant on you without you having a choice?
              this occured to me as an afterthought after discussing things with the NLA.
              but that was after the AST was drawn. The letting agent did chase her up for it , but the guarantor bit never happened and the T never paid heed to filling the guarantor bit up!!!! I carried on as she had paid the rents .... Luvly me !


              • #8
                We have some advertising photos of the property before it was let out. We are currently in the process of taking photos of the damages after she has moved out.

                I am also in the process of doing a check out inventory. I will also email her the scanned invoice for projected repairs.

                But all it comes down to is for me slogging my ass for 400£ and getting a stomach ulcer in the process.



                • #9
                  they sould have had the guarantor details prior to her moving into the property as

                  1. they need to ensure that the affordibility is there to cover the rent
                  2. The guarantor should sign the ast at the time of move in
                  Finding the guarantor after the tenancy has commensed and all has been signed is pointless.

                  in this case you may have claim that your agent has been negligent.

                  Why are you doing all this work? If you are a fully managed landlord your letting agent should "manage" this case from start to finish.


                  Latest Activity


                  • Mouldy silicone wear and tear?
                    Tenants are moving out today and i am doing the final inspection later; however, last time i was at the flat i noticed the bathroom was in a poor state.

                    What is the general opinion on black mould that has formed inside bathroom silicone? Is it considered wear and tear? Also, the seal...
                    03-07-2017, 08:07 AM
                  • Reply to Mouldy silicone wear and tear?
                    You might like to gift your new tenants some Kilrock mould cleaner which is magic in a bottle! Cheapest in the Pound shop or The Range but supermarkets sell it too. Works brilliantly on algae too. Garden pots, patios, headstones etc.
                    22-07-2017, 20:52 PM
                  • Discussion - GDPR and implications on landlords
                    I've just posted something on GDPR and then wondered whether it had been discussed on here before - a quick search implies its never been mentioned.

                    I thought I would raise a topic to discuss it and the implications on landlords.In effect this is a replacement of the Data Protection Act...
                    20-07-2017, 15:01 PM
                  • Reply to Discussion - GDPR and implications on landlords
                    That's the exemption that allows sending data outside of the EEA, which is the issue discussed.

                    No, because of that very exemption....
                    22-07-2017, 19:19 PM
                  • Referencing question
                    A couple wants to rent from me, she is on maternity leave and will not be returning to her previous employment, he is permanently employed and moving due to a job transfer. I have referenced him for the full rent and his guarantor has been successfully referenced.
                    I am going to prepare the ast...
                    22-07-2017, 17:19 PM
                  • Claiming for protected deposit
                    This is an interesting one, got me into a spin.
                    Tenants signed AST but decided to leave after 6 months and 3 days (problem with moving) using the break clause in the AST. I protected the deposit using DPS (Insured) and returned the deposit minus deductions when the moved out.
                    I served the...
                    21-07-2017, 08:00 AM
                  • Reply to Claiming for protected deposit
                    I'll leave it at that. I'm not going to get into one of JPK's interminable arguments.
                    22-07-2017, 16:28 PM
                  • Reply to Discussion - GDPR and implications on landlords
                    That's simply one of the Schedule 2 exemptions which, if met, allows a process using personal data at all - all the other principles still apply in parallel (where it can be stored, be not excessive, kept up to date etc).

                    So, while it might be OK because it relates to a contract, there...
                    22-07-2017, 15:22 PM
                  • Excessive estate agent fees
                    I have a property which I started renting out via an agency. When the contract started, they found new tenants, did the relevant checks etc and charged an upfront fee which equates to approx one month's rent. As one year has almost passed, the agent has approached me asking if I want them to 'renegotiate'...
                    21-07-2017, 16:26 PM
                  • Reply to Excessive estate agent fees
                    A new 12 month fixed term does provide LL & T with extra security but can lead to complications for either if their resp circumstances/legislation change during the new AST.
                    Personally, I would prefer if a orig AST was for a fixed 6 month term, followed by an SPT that required both LL &...
                    22-07-2017, 14:09 PM