Poblems with tenant

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    Poblems with tenant

    Any ideas waht to do please?
    We have a tenant who was on a on a AST that has now ended and is on periodic monthly. He has always been a poor payer due to him being self employed and he is now nearly £3000 in arrears. He has assured us this will be cleared up within a few weeks and we do beleive him.
    The problem we have as that he had a large fish tank in the lounge where he was breeding coy carp, this developed a leek last week and has caused about £1000 damage in the flat below. As we have £500 excess due to water leakage we did not want to claim on our insurance and think he should pay for this aswell, as a claim would obviously put up our insurance premium. We feel very sorry for the lady downstairs so would probably pay for the repairs ourselves and then await payment from the tenant.
    This would make his debt approx £4000.
    We were thinking of serving him with a 'final notice before legal proceedings notice hoping he will pay up and coperate, then serve a section 21 notice if this does not work.
    Are we doing the right thing?

    #2
    I would serve a section 8 (grounds 8, 10 & 11) presuming the £3k is more than 2 months rent. This will gain you possession PLUS a court order for the missing rent.

    I would also write a letter before action with regard to the damage to the property. It may be best to wait until after he is evicted before actually taking action because you may discover extra inventory issues after he has left.

    Is there a deposit? Is it protected?

    Comment


      #3
      Agree with snorkerz.. and maybe a S21 also in case he pays off enough of the rent arrears before the court date...?? And I'd keep the stuff about rent arrears separate from any damage claim.. and judge might be tempted to question "arrears" that included a disputable amount...

      Koi carp, surely>>???
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Originally posted by theartfullodger View Post
        Agree with snorkerz.. and maybe a S21 also in case he pays off enough of the rent arrears before the court date...??
        I agree wih the s21 issue - subject to the deposit status.

        Comment


          #5
          The deposit is in the protection scheme but is only £900.
          I had read that a section 21 had less risk for us as landlords? Is that not true?

          Comment


            #6
            Originally posted by pennyp29 View Post
            The deposit is in the protection scheme but is only £900.
            I had read that a section 21 had less risk for us as landlords? Is that not true?
            A section 8 (ground 8) is a guaranteed possession providing there are still 2 months rent owing at the time of the hearing. If the tenant reduces the amount owing to below 2 months, the judge can still consider giving possession under grounds 10 & 11.

            the advantage of s8 is that it is cheaper (£100 online) and the notice period for g8/10/11 is only 2 weeks. It also comes with the court order for missing rent.

            An s21 has the advantage that there is usually no need for a hearing and possession is guaranteed so long as the paperwork is correct. There is no defence to a s21.

            In both cases, it will take around a month - 6 weeks before you know the outcome. If the judge grants a possession order, the tenant will be given at least 14 days to go. If the tenant still refuses to go, you will have to employ court bailiffs, which is more expense and time

            Comment


              #7
              Originally posted by pennyp29 View Post
              this developed a leek last week and has caused about £1000 damage in the flat below. As we have £500 excess due to water leakage we did not want to claim on our insurance and think he should pay for this aswell, as a claim would obviously put up our insurance premium. We feel very sorry for the lady downstairs so would probably pay for the repairs ourselves and then await payment from the tenant.
              Surely some of the water damage (i.e. to decor, carpeting in both flats) falls under the block's buildings insurance, in which case it's not entirely your choice as to whether or not to claim?

              And if the downstair's neighbour's contents are also damaged, then it's her contents insurance, not yours.

              Comment


                #8
                Originally posted by theartfullodger View Post
                Koi carp, surely>>???
                Or coy koi carp. Fish are known to be rather bashful.

                Comment

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