T broke door glass: does L bill now or deduct from deposit?

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    T broke door glass: does L bill now or deduct from deposit?

    I noticed that my tenant locked himself out and smashed the wired glass in the front door to gain access. The glass is only approx 14" x 10". He shares the flat with another person. Instead of replacing the glass he put a bit of board of it and went away on holiday.

    Mine is the ground floor flat of a converted house, with the two properties above being privatley owned and lived in and someone else owns our freehold.

    I sent both my tenants an e-mail advising by not replacing the glass and leaving it boarded up they were compromising the security of the property amd invalidating our buildings insurance for all three properties. As an extreme example someone could rip off the front board and throw a lit rag in the property and if they burnt down there would be no insurance in place.

    It is a simple job to do himself and would cost at best £10 with a glazier 100 yards from the property to get a bit of glass cut. I advised he had a week to do it or I would instruct a glazier myself to repair and pass on all associated costs to them and gave him a deadline of today. He replied he would get it done before today.

    However, he has not. I know want to e-mail him to advise I need to get a glazier to repair it and pass on al associated costs to themselves.

    However, Can I insist he pays it now, or do I have to wait till their contract ends in April and take it out of the bond then? (which seems unfair I should be penalised).

    They have a six month short term contract and I have had previous issues with them. Is there anyway I could reasonably give them notice to quit as I don't like their attitudes?

    Thanks for any assistance.

    #2
    You do not have to give a reason to issue a S21(1)(b). That's a no fault notice that you require the property returned. Issue it now and if they do not leave at the end of their fixed term you can apply to the court for possession. The court must give a PO, providing the paperwork is correct and the deposit has been protected and prescribed information given to the tenant.
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      I fear not liking the attitudes of tenants may give rise to tears... (T: "I don't like the Landlord, the b***ard makes a profit out of me"...).

      Sadly Tenants do not always look after your investment (his home, his property) as well as the owner might...


      Cheers!
      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 jta View Post
        You do not have to give a reason to issue a S21(1)(b). That's a no fault notice that you require the property returned. Issue it now and if they do not leave at the end of their fixed term you can apply to the court for possession. The court must give a PO, providing the paperwork is correct and the deposit has been protected and prescribed information given to the tenant.
        Was just wondering - What happens when the AST goes to periodic after the first 6 months? Say the S21 was served at the beginning of the tenancy but the tenancy ran well past the 6 months of the original tenancy. What sort of notice is required, or can the original S21 be used? And what about the notice period?

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          #5
          Thanks for the responses.

          My main question though is can I request they pay to replace the damage straight away or doI have to wait till they leave and deduct from the bond? Asmnetiond previously it would seem unfair I have to pay and then wait a few months to get the money back. Thanks

          Comment


            #6
            Originally posted by James2308 View Post
            Thanks for the responses.

            My main question though is can I request they pay to replace the damage straight away or doI have to wait till they leave and deduct from the bond? Asmnetiond previously it would seem unfair I have to pay and then wait a few months to get the money back. Thanks
            You can do either, but frankly thinking it's "unfair" won't help... it's part of the rich tapestry of life as a landlord - and if you ain't prepared for much, much worse (eg can you cope with no rent for months 'n months, trashed property, inventory sold at local boot sale) perhaps you are in the wrong business??

            YOU have a responsibility to (I think), under LL&T Act 1985 to maintain the place, I would have thought a secure & safe front door is part of that responsibility.

            Don't think a patched door would be the image I'd want...

            In your shoes I'd write/email him (polite, calm, sober..) saying I'm planning on rectifying the damage and will be passing the bill on. If he protests too mush S21 ...


            Cheers!

            Artful

            Cheers!

            Artful
            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


              #7
              Originally posted by mikey10 View Post
              Was just wondering - What happens when the AST goes to periodic after the first 6 months? Say the S21 was served at the beginning of the tenancy but the tenancy ran well past the 6 months of the original tenancy. What sort of notice is required, or can the original S21 be used? And what about the notice period?
              They type of s21 depends on when it is served. If it served during a fixed term, then the s21(1)(b) will continue to be valid during a subsequent SPT - but not any future fixed term. Notive periods are as specified in s21(1)(b) and s21(4)(a).

              Comment


                #8
                Originally posted by James2308 View Post
                Thanks for the responses.

                My main question though is can I request they pay to replace the damage straight away or doI have to wait till they leave and deduct from the bond? Asmnetiond previously it would seem unfair I have to pay and then wait a few months to get the money back. Thanks
                1) You are OBLIGED to carry out the the repair (s11 L&T Act 1985)
                2) You are entitled to ask for immediate payment. If the T can't/won't pay.....

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                  #9
                  Thank you to everyone who's taken the time to reply.

                  Comment

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