Help required with a tenant

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

    Help required with a tenant

    Can anyone help me with some advice please?
    I am a landlady of 1 property in Teesside.

    My property became vacant 2 months ago after a long term tenant
    left (12 years).

    As funds were low I painted property & tidied it myself.
    I advertised the property locally. 3 weeks ago I let 2 under 25's into the property without tenancy agreement. On the condition that they completed
    the decorating. On Tuesday they should of given me 430.00 at that point I was going to give them the tenancy agreement. To date they have only given me
    180.00 and said balance will be given to me next week.

    I have had 2 complaints of them making nose late at night I spoke to them on the phone & denied it.

    I feel they are gonna be awkward tenants if I am having this much hassle at an early stage.

    Any advice on how to get them out would be greatly appreciated.
    I was going to call them today & tell them they have 7 days to evacuate the property.

    How dosey have I been?

    Josephine

    #2
    Originally posted by Josephine1 View Post
    How dosey have I been?
    Erm...

    Well, personally I would never let tenants loose with a paintbrush anyway; but the worst that can happen from that scenario really is that either (a) they don't do the decorating as agreed, or (b) they do it but really badly.

    The whole 'no tenancy agreement' thing is really unrelated to that - you've done nobody any favours by offering that as a carrot - as I see it you have given them a verbal tenancy, so they have tenants' rights, and you certainly can't simply give them 7 days' notice.

    Comment


      #3
      tenants

      What would you advise me to do?

      Comment


        #4
        Not giving a tenancy agreement, in majority of cases work in the T favor, so one should always be done prior to letting a T in.

        Did you get a inventory signed prior to them moving in?

        Have you protected the deposit, in one of the three schemes?

        Has the P got any gas appliances, and have you got a current LL certificate?.

        Did you get an EPC report done, prior to letting the P.

        Did you get credit and reference checks done?

        Is it furnished or un-furnished?

        From your post, I guess you don't live there, so no, you can't just give them 7 days notice. It will take 3/4 months to evict them if you can prove any section 8 grounds and at least 2 months after their initial 6 months period(As this is the default for all agreements on the Tenants side), if you serve a S21 correctly. But both methods require you to get a court order and then get a bailiff in.

        But it mite be they just had a house warming party, as all 25 years old, prior to painting the flat, and sorting out the money.

        Things have moved on in the last 12 years, and Tenants can get a lot more free legal advice, so beware.

        So moving on, get them to sign an AST(But they can refuse) and a detailed inventory done and signed by the T(But they can refuse), protect the deposit in the DPS and send them the relevant information, and then serve a S21. Get any gas appliances checked(If not Current) and get an EPC report done.
        Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

        Comment


          #5
          Did you get a inventory signed prior to them moving in? - No
          as there wasnt much in the property just cooker fridge freezer

          Have you protected the deposit, in one of the three schemes?
          I havent rec'd the deposit yet

          Has the P got any gas appliances, and have you got a current LL certificate?.
          Yes have a certificate

          Did you get an EPC report done, prior to letting the P.
          Whats a EPC Report?

          Did you get credit and reference checks done?
          Sort of - But not looking good

          Is it furnished or un-furnished?
          Unfurnished

          How stupid have I been here??

          Comment


            #6
            Originally posted by Josephine1 View Post
            3 weeks ago I let 2 under 25's into the property without tenancy agreement. On the condition that they completed
            the decorating. On Tuesday they should of given me 430.00 at that point I was going to give them the tenancy agreement. To date they have only given me
            180.00 and said balance will be given to me next week.
            You have already created an (oral/verbal) assured shorthold tenancy, even without a written contract. You cannot evict them without obtaining a court order for possession.

            Originally posted by Josephine1 View Post
            Did you get a inventory signed prior to them moving in? - No
            as there wasnt much in the property just cooker fridge freezer
            An inventory doesn't just cover furniture/contents, but records the condition of walls, doors, windows, carpets, bath, loo, tiling, light fittings, etc etc. A check-in inventory, signed by T, is important because if there is a dispute at the end of the tenancy about damage, you need evidence of the original condition.

            Have you protected the deposit, in one of the three schemes?
            I havent rec'd the deposit yet
            It's unlikely you'll get it now. No incentive after T has moved in.

            Did you get an EPC report done, prior to letting the P.
            Whats a EPC Report?
            EPC = Energy Performance Certificate. It's a legal requirement to get one done before letting a property. (They are valid for 10 years).

            Comment


              #7
              Tenants

              Can I not just go and knock on the door & say you have 7 days to vacate the property?

              Whats the worst case scenario, as I get the feeling they dont
              really understand all the tenants laws & procedures.
              Last edited by Josephine1; 25-09-2010, 10:16 AM. Reason: information

              Comment


                #8
                Originally posted by Josephine1 View Post
                How can I get them out then?
                How long have you agreed to let the property to the tenants for?

                What are the reasons for not paying you rent?

                Comment


                  #9
                  Originally posted by Josephine1 View Post
                  Can I not just go and knock on the door & say you have 7 days to vacate the property?
                  No. As I said, you cannot evict tenants without a court order for possession.

                  Whats the worst case scenario, as I get the feeling they dont
                  really understand all the tenants laws & procedures.
                  How would you know, when you haven't a clue yourself?

                  Worst case scenario, if you forced them to leave without obtaining a court order, is that you could be prosecuted for illegal eviction and fined heavily. You might also go to prison. The tenants could also bring a civil claim against you for damages.

                  Comment


                    #10
                    Tenants

                    What are the reasons for not paying you rent?[/QUOTE]
                    They said there was a problem with there wages

                    They have paid 2 weeks rent but not the bond?
                    They have been in the property 3 weeks now.

                    I dont want them as tenants nothing but hassle in a short space of time.
                    I dont think they know all the laws etc

                    Comment


                      #11
                      Josephine1 - nothing you have said so far is likely to gain you possession of the property.

                      Their (minor) non-payment of rent and single party are unlikely to count for much in court if you tried to use those as grounds for eviction.

                      The non-payment of a deposit is a red-herring, forget it.

                      Presuming you did not give them a verbal fixed-term when they moved in, Issue a section 21(4)(a) with an expiry date of at least 2 months in the future, the expiry must be at the end of a tenancy month - so if they moved in on the 23rd, it must expire on the 22nd.

                      At the expiry date, they may leave.

                      If they don't, you will have to get a court order. The order will not grant you possession before 6 months from move in date.

                      If they don't move out because of the order, you will have to employ court bailiffs.

                      Under no circumstances should the tenants leave involuntarily except with a court order and court bailiffs. If you force them out - it could cost you thousands.

                      Comment


                        #12
                        QUOTE=Josephine1;246712]
                        I dont want them as tenants nothing but hassle in a short space of time.
                        I dont think they know all the laws etc[/QUOTE]

                        I'm sorry but whether they know all the laws or not you have allowed this situation to happen. A tenant does not have to know all the laws and techicalities involved to walk into CAB or shelter and explain the whole situation. I would imagine that if the tenants have dcorated the property for you they will not be willing to say "ok then, thanks for that" and trundle off to the next property!

                        Your down a weeks rent, the deposit and have had two complaints about noise. The noise often happens when a tenant moves into a property.

                        Noise complaints are common when a tenant takes over occupation.

                        1. Decorating late at night
                        2. Moving furniture about
                        3. They don't know how the sound travels in the new property.

                        Try and get them to sign the tenancy agreement. Was there a fixed term agreed? Not being paid/paid late is a common excuse that tenants use, however at the moment you have a flexible agreement and perhaps they are taking advantage of this OR perhaps they are telling you the truth.

                        Re notice exactly as Snorknez says

                        Comment


                          #13
                          How would you know, when you haven't a clue yourself?

                          I asked for that one

                          Comment


                            #14
                            If I get them to sign a tenancy agreement will I be in a better position then?

                            Comment


                              #15
                              Originally posted by Josephine1 View Post
                              I dont think they know all the laws etc
                              Originally posted by Springfields View Post
                              A tenant does not have to know all the laws and techicalities involved to walk into CAB or shelter and explain the whole situation.
                              Or they could use Google and find this site - the forum members are just as happy to help tenants as landlords - we try to make sure that everybodys rights are respected.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X