Numerous first timer woes

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

    Numerous first timer woes

    Hello all - very useful forum this, wish I'd found it ages ago!

    I'll start with my prime concern - I have not been able to get a corgi cert for boiler as the tenant does not answer letters requesting access and I am worried that I could be liable should anything happen. He does not answer phone calls either and the last time I dropped round there he would not answer the door and my key would not open the door as his set was inside.

    Consequently I have not been able to book a plumber to go round as there is no guarantee of access.

    First question - should I just book an appointment anyway and pay a call-out charge to have it recorded that I have tried to gain access for boiler servicing? I do have a returned registered post letter (unopened) requesting access so I believe this would add further evidence. Is there anything more I should do to try to get this boiler serviced?

    Second question: His 6 month AST expired 1st December and this contained a section 21 notice stating I required access after 1st December. He has not paid any rent due on this date (he had first 6 months paid in advance) so is now nearly 3 weeks late. Do I need to wait until he is 2 months late before serving him notice or can I do it now that the AST has expired? Is it a section 8 that I serve him now, and do I need to give reason (i.e. failure to grant access or non-payment of rent)?

    Any advice greatly appreciated!

    #2
    Originally posted by Attention to detal View Post
    I'll start with my prime concern - I have not been able to get a corgi cert for boiler as the tenant does not answer letters requesting access and I am worried that I could be liable should anything happen. He does not answer phone calls either and the last time I dropped round there he would not answer the door and my key would not open the door as his set was inside.Be very careful your tenant could claim harassement so do not try to gain access agin like this!

    Consequently I have not been able to book a plumber to go round as there is no guarantee of access.

    First question - should I just book an appointment anyway and pay a call-out charge to have it recorded that I have tried to gain access for boiler servicing? I do have a returned registered post letter (unopened) requesting access so I believe this would add further evidence. Is there anything more I should do to try to get this boiler serviced? Book a plumber to go round and pay the access fee. Also put in writing to the tenant that someone is coming round on X date to carry out Y job.

    Second question: His 6 month AST expired 1st December and this contained a section 21 notice stating I required access after 1st December. He has not paid any rent due on this date (he had first 6 months paid in advance) so is now nearly 3 weeks late. Do I need to wait until he is 2 months late before serving him notice or can I do it now that the AST has expired? Is it a section 8 that I serve him now, and do I need to give reason (i.e. failure to grant access or non-payment of rent)?Did the AST contain a section 21 or was it served as a spereate entity at the start of the tenancy with the AST? Not sure of validity if it is contained within the AST. If it was served correctly you should be able to apply to the courts NOW as the section 21 has expired along with the fixed term, this will start the ball rolling.

    Any advice greatly appreciated!
    Just be careful what you do as you may have a "professional Tenant" in place who will know every which way to lead you into hot water!
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

    Comment


      #3
      Boiler Service

      I agree with the comments from justaboutsane, but:
      Whilst the boiler service is very important, with a tenant like this your first priority is to regain possession as fast as possible.
      Keep all the evidence you can that you have made every effort to fulfil your legal obligations re the gas checks. It may even be prudent to contact the local authority rent office to put it on record that you are having this difficulty.
      But as a priority you need to start possession proceedings ASAP.
      You need to establish if your originally served S21 is valid, in which case you should start the proceedings right away.
      Otherwise you will need to serve another S21 and wait the required period of time - 2 months to the last day of a tenancy period - the periodic version S21(4)a
      http://www.landlordzone.co.uk/pdf/Section21Notice.pdf

      Comment


        #4
        Originally posted by Attention to detal View Post
        my key would not open the door as his set was inside.
        Well that was a result - if you'd entered without his permission he could ultimately sue you. For chrissakes don't try that again. Certainly won't do you any favours when your posession case ends up in court.
        Originally posted by Attention to detal
        First question - should I just book an appointment anyway and pay a call-out charge to have it recorded that I have tried to gain access for boiler servicing? I do have a returned registered post letter (unopened) requesting access so I believe this would add further evidence. Is there anything more I should do to try to get this boiler serviced?
        The fact that you've had the letter returned unopened - for whatever reason - shows that ("apparently") the tenant is unaware of the whole gas issue. I would write to him explaining the gas situation - completely separate from any other issues regarding rent etc - including the whole legal liability thing, and then either post it through the door with a witness, or post him two copies from separate post offices (so he can't claim both were lost in the post) with certificates of posting. (that's the same thing you should do with all your notices etc - clearly no point in using recorded delivery as he'll just refuse them.)

        Originally posted by Attention to detal
        His 6 month AST expired 1st December and this contained a section 21 notice stating I required access after 1st December. He has not paid any rent due on this date (he had first 6 months paid in advance) so is now nearly 3 weeks late. Do I need to wait until he is 2 months late before serving him notice or can I do it now that the AST has expired? Is it a section 8 that I serve him now, and do I need to give reason
        You've already served him notice (hint: it's a Section 21 notice ) assuming you've got the wording correct: so the next step is to submit your papers to the courts - you could have done that on 2 December. I think it's form N5B you want? not certain without searching.

        Comment


          #5
          Thanks for the advice, very useful. I don't particularly think I have a 'professional tenant', but I do have an alcoholic one....probably likely to get even less response from him over this Christmas period.

          My saving grace is that I have 6 months deposit from him so any arrears and costs will come out of that.

          ATD

          Comment


            #6
            Just a thought that has occurred, have had no chance to look at the validity of this.

            The safety of the tennant is vital, hence the legal emphasis on the gas safety check.. if this can't be carried out wouldn't the safest course of action be to disconnect the gas supply to the premises? Just to be sure that no harm could befall the tennant?? :-)

            Comment


              #7
              We have had occassions in the past where tenants have refused to put any credit on there gas meters and as such our engineer has been unable to do a gas safety inspection so we have capped the gas supply to stop them using it until they agree to top up their meter. If the tenant vacates and the supply is still capped then we get it uncapped and a gas saftey check done for the new tenant.

              Comment


                #8
                I am very concerned at this practise as it can be construed as harrasement or even illegal eviction!
                GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

                Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

                Comment


                  #9
                  Originally posted by justaboutsane View Post
                  I am very concerned at this practise as it can be construed as harrasement or even illegal eviction!
                  Yes- s.11 of Landlord and Tenant Act 1985 comes to mind.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                    #10
                    I have to disagree, if the tenant allows access and has no objections to you doing it then I don't see how it can be classed as harrasment or illegal eviction. Don't get me wrong justaboutsane this isn't something we do every day and we only have done it in the past where we have spent years trying to convince the tenant to have a gas safety check done.

                    To be honest I'd rather run the risk of being accused of harrasment than having a dead tenant on my hands.

                    Comment


                      #11
                      Originally posted by Attention to detal View Post
                      My saving grace is that I have 6 months deposit from him so any arrears and costs will come out of that.
                      You have 6 months deposit, as well as 6 months rent in advance?!! How come, and why did the tenant agree to that?

                      Somebody else will be able to give you chapter and verse on this, but there are issues about accepting a large deposit (ie, more than about 2 months if I remember correctly?) I don't recall what the implications are to you - it's come up in this forum before if you want to do some searching.

                      Comment


                        #12
                        Sorry for delay in replying Eric. Basically I bought the flat off the bloke who is now the tenant - he no longer wanted to be tied down to a mortgage and wanted to have some of the equity. As part of the deal I negotiated the price down to allow 6 months rent-free (about £2K off the price), plus he told me he had CCJ's and so I said that I wanted 6 months deposit as a safeguard - this essentially knocked another £2K of the purchase price.

                        So no money actually changed hands on this although his AST does state £2K deposit held. I was not aware of any problems holding such a large deposit, although I will check it out.

                        ATD

                        Comment


                          #13
                          Cut to the chase

                          You have a tenant on an AST agreement. The fixed period has passed and the tenancy is now statutory periodic. The tenant is not a tenant that you wish to keep. Put the already issued s21 notice into effect and start court proceedings.
                          Originally posted by Attention to detal (sic)
                          he no longer wanted to be tied down to a mortgage and wanted to have some of the equity
                          Time to cut him adrift and grant his wish.

                          Comment

                          Latest Activity

                          Collapse

                          Working...
                          X