Charging for a months rent

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    #31
    Originally posted by westminster View Post
    I repeat what I said in post #19: "you cannot legally evict a tenant without a court order and a bailiff to enforce the order (even if the tenancy has lawfully ended)."

    In this case the tenancy hadn't lawfully ended; it was a periodic tenancy.

    Regardless of anything, whether the tenancy has or hasn't ended, whether T has or hasn't said she's going, whether T has or hasn't served valid written notice - it's all irrelevant. You can't go round and insist that the tenant vacates when she clearly doesn't want to (a 'temper tantrum' suggests she didn't want to, and was very angry at being pressured by you). If that's what you did, then you arguably committed a criminal offence, and if I were you, I'd be a LOT more worried about the potential consequences of that than about any unpaid rent etc.
    I didnt go around and insist she move out. I went around to do the check out as she told me she was moving out at the end of the tenancy agreement and she hadnt gone. I then left her to it to let me know when the check out day would be, it was whilst carrying out the check out when I was taking photos of the filthy state of the flat and the damage and missing items that she had a temper tantrum.

    Anyway thank you for your replies

    Anyway the whole point is the tenancy became a periodic one. I am not after a months rent although it would appear she does owe a months rent. I just want the money for the cleaning of the flat, removal of rubbish and missing items but she refuses to pay this

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      #32
      If she did move out of her own accord then you have nothing to worry about on that score, presumably she already had somewhere else to go to.

      Your best bet is to probably sue her for the damages rather than go through ADR.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #33
        Originally posted by jta View Post
        If she did move out of her own accord then you have nothing to worry about on that score, presumably she already had somewhere else to go to.

        Your best bet is to probably sue her for the damages rather than go through ADR.
        If the T is hell bent on making life awkward though, it may be difficult for OP to prove that T moved out 'of her own accord' and not as a result of harassment (real or perceived). That's why she needs to tread carefully.
        '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

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          #34
          Originally posted by surreygirl View Post
          ........... it was whilst carrying out the check out when I was taking photos of the filthy state of the flat and the damage and missing items that she had a temper tantrum.
          ..........
          (No offence).. but for future reference maybe be aware, if not already, of the PoE Act 1977 S1..

          http://www.legislation.gov.uk/ukpga/1977/43/section/1
          (3)If any person with intent to cause the residential occupier of any premises—
          (a)to give up the occupation of the premises or any part thereof; or
          (b)to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof;
          does acts calculated to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, he shall be guilty of an offence.
          Suspect some judges when hearing that the tenant was hugely upset (your words "temper tantrum", tenant's words "understandably upset at LL's insulting invasion of my privacy in my own home etc etc etc etc..") would decide you were guilty: (Can be criminal!!).

          Someone coming into my home and starting taking photos when i didn't want them to of all my personal items would definitely "interfere with my peace or comfort..", and I suspect many other fair-minded persons..

          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


            #35
            I then left her to it to let me know when the check out day would be, it was whilst carrying out the check out when I was taking photos
            Yebbut! OP says this was the actual check out inspection when the tenant was leaving. What's wrong with that?
            I offer no guarantee that anything I say is correct. wysiwyg

            Comment


              #36
              Yebbut that may not be T's view/statement to court & I was just trying to gently point info out for future reference...
              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


                #37
                Originally posted by theartfullodger View Post
                (No offence).. but for future reference maybe be aware, if not already, of the PoE Act 1977 S1..

                http://www.legislation.gov.uk/ukpga/1977/43/section/1


                Suspect some judges when hearing that the tenant was hugely upset (your words "temper tantrum", tenant's words "understandably upset at LL's insulting invasion of my privacy in my own home etc etc etc etc..") would decide you were guilty: (Can be criminal!!).

                Someone coming into my home and starting taking photos when i didn't want them to of all my personal items would definitely "interfere with my peace or comfort..", and I suspect many other fair-minded persons..

                Cheers!!!!
                Her personal items were no longer in the flat she had moved her things out by then but some of my things belonging to the flat were missing!

                However thank you all for your replies they are much appreciated.

                Comment


                  #38
                  Originally posted by surreygirl View Post
                  Her personal items were no longer in the flat she had moved her things out by then but some of my things belonging to the flat were missing!

                  However thank you all for your replies they are much appreciated.
                  Please come back when it's all over and let us know what happened.
                  '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

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