What do I do?

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

    What do I do?

    My tenant has left mid notice period. I gave notice on 16/12 - periodic tenancy therefore 2 months to 16/2 when I expected the tenancy to end.
    She has given counter notice and left on 23/1. Paying to 23/1.
    Tenants moved in 3.5 years ago. No deposit taked as "friends" of Xhusband (hence the X)!
    Have photographic evidence at start of tenancy and signed inventory.
    Have visited the property:
    1)all blinds are broken, curtain rails removed and curtains missing. These were all new for the tenancy.
    2)Lino laid the week before the tenant moved in to protect the victorian tiles has been removed - tenants comment the glue was coming loose. So lino can not be put back down and tiles dmamged. Can not prove the latter as this was not photographed as it was covered by the lino!
    3) Tenancy stated that a real fire was not be lit in the grate - this was due to the casing in the chimney being cracked and any fire would further damage this.
    4)Bonfire has been held on patio and whilst this was not a perfect stone example it is now cracked stained and damaged.
    5) Builders rubble in Garden (Tenants new BF is a builder)
    6) Fences removed visible on an aerial photo taken the summer prior to tenant moving in.
    7) Mature plants removed - again visible on an aerial photo taken the summer prior to tenant moving in and on the google street view taken in 2009.
    8) Non-smoking house but cigarettes have been stubbed out on the downstairs loo seat (replaced one month prior to the tenant moving in)
    9) House filthy - food in dishwasher, freezer frozen up and drawers missing, fridge shelves missing, oven filthy - brass fittings are black.

    Now I expected to have to clean, redecorate and replace/clean carpets.
    But where do I stand with the rest?

    Tenant is saying Fair wear and tear ...
    I am thinking of going to small claims and claiming:
    1)poles should be there, as should curtains - if they needed replacing the cost would be reduced but as they are missing 100%. Blinds should be expected to last 5 years so replacement costs are 40%?
    2)Lino cost £550 - would be expected to last 10 years so 70% plus the cost of labour.
    3)Is this heading to criminal damage - so cost to repair and replace with not reduction for age.
    4)Cost to sweep chimney. I take the hit on any damage
    5) Do I ask the builder to remove and then go for something like "fly tipping"? As there was no right for him to be using the property and in all liklihood invalidated my insurance!!
    6)Fences a proportionate replacement value say 50%
    7) Mature plants - could argue some have been damaged but the tenancy contract did say any removeals need to be with my agreement so I am thinking replacement costs for medium rather than young specimens.
    8)Cost of replacing New rather than reduced cost (may seem sily but this is a specialist size and is circa £80!!)
    9)50% quote of a cleaning company?

    Any thoughts and is it worth taking a tenant to court?

    #2
    If you have the time then yes, do it but be prepared for the paperwork to prove your case.

    I think the brass fittings being black are a bit weak!

    Do you have address for service of claim? If not use findamonkey to locate this person.



    Freedom at the point of zero............

    Comment


      #3
      1) I would say blinds & curtains in a rental property are not expected to have a long life - I think you're about right - but the fact the poles are missing still doesn't mean you haven't lost 1½ years worth.
      2) NOt clear why lino can not be put down. If still on-site, the cost of relaying, if thrown by tenants then most vinyls have a 5 year guarantee unless it is something like Armstrong, so around a third of replacement cost. Even on a (provable) 10 year lifespan it's 65%.
      3) I can not see how you could claim anything off the tenant for this - after all you have a legal obligation to maintain the structure.
      4) The path is still useable? When was it laid?
      5) Cost of clearance - plus (of course) the cost of putting right whatever is under the rubble if appropriate.
      6) An aerial photo isn't going to prove the condition of said fences. Are they on the inventory? Was it a 'proper' fence or some panels from B&Q - the latter cost a tenth of the former but last next to no time. If untreated, you'll not convince anyone in authority that the latter would last more than 5 years.
      7) I would not place too much faith on the photos - but if the inventory is sufficiently detailed then the cost of re-instatement of plants of the same status. (obviously not annuals)
      8) Loo seats don't last long (usually rusty hinges) so I don't know how long you were expecting the 'specialist loo seat to last. I can't see you getting 100% for a 3½ year old loo seat though.
      9) Get professional claeaners in to bring the place up to scratch - how much you get back would depend on how spotless the place was according to the inventory when the tenant moved in. Fridge shelves may be difficult to prove they were ever there.

      Comment


        #4
        I agree - aeriel photos taken the summer before (pres Google Maps) is not worth the paper unless detailed in the move in/out inventories, same for internal eg lino
        You mention T was SPT at time of your Notice. T has every right to serve their shorter NTQ, provided it conforms to SPT requirements
        When did T commence? precise date stated
        Fixed term?
        Rent due frequency?
        Date of posting your Notice? Method of posting?
        Date you received Ts notic to vacate? Date posted? Class of postage?
        Reason: T could owe you rent until legal expiry of the Ts SPT notice, which may be later than 23rd Jan.

        Comment


          #5
          Originally posted by mariner View Post
          I agree - aeriel photos taken the summer before (pres Google Maps) is not worth the paper unless detailed in the move in/out inventories, same for internal eg lino
          You mention T was SPT at time of your Notice. T has every right to serve their shorter NTQ, provided it conforms to SPT requirements
          When did T commence? precise date stated
          Fixed term?
          Rent due frequency?
          Date of posting your Notice? Method of posting?
          Date you received Ts notic to vacate? Date posted? Class of postage?
          Reason: T could owe you rent until legal expiry of the Ts SPT notice, which may be later than 23rd Jan.
          Hi.
          I accept I may not be able to reques recompense for much of this - just angry at the abuse!
          As to tenancy. I served S21 by recorded delivery prior to 16th Dec. Periodic montly paid agreement rental runs 16th to 15th of month. Possession requested 16th 6eb. Tenant served notice on 23/12 by text. Saying would vacate on 23/1 and pay to that date. CAB advised this is legalM

          Comment


            #6
            Well that's duff advice from CAB!

            Tenant can only give notice to expire on 15th if that is the last day of a tenancy period. So she should have given notice (n writing) by 15th Dec to leave 15th Jan or by 15th Jan to bring the tenancy to an end on 15th Feb. So, on the face of it, notice given on 23/12 would mean rent due until 15th Feb unless you accepted the tenants notice for the 23/1. If you said 'fine', then you have accepted the date she offered.

            Comment


              #7
              What I said to Tenant - in writing

              As per my previous correspondence with you under Section 21 of the Housing Act 1988 I require possession of the dwelling house known as: Moorview, Ashopton Road, Bamford, Hope Valley, S33 ODB which you hold as tenant on the Date: 16h February 2012.

              This is also in alignment with the end date that could have been served by you. As a periodic tenant notice must be provided in writing with a minimum notice period of 4 weeks (specified in section 5 of the Protection from Eviction Act 1977), and that notice should always expire at the end of a rental payment period. This date would also be 16th February 2012.

              In this case I am unable to agree to Early Surrender whether by Declaration or Operation of the Law.

              I propose reiterating the above.
              Then - Resending the inventory with "before" photographs and noting any wear/tear damage.
              As to the garden I had this professionally maintained one month after the tenant moved in and propose asking the Gardener for copy receipt and a statements as to the content. I am sure he will remember it as we both discussed some of the more unusual plants!
              I would state that I would take possession as of 16/2 and give an estimate of costs for damage/cleaning etc.

              Then I assume it is small claims court?

              Comment


                #8
                2 Points:

                1 - you can't not agree to surrender by operation of law - it either happens or it doesn't.

                2 - Your section 21(4)(a) notice is defective (if the above is it) so I would be grateful they have gone.

                Comment


                  #9
                  more info

                  Originally posted by Snorkerz View Post
                  2 Points:

                  1 - you can't not agree to surrender by operation of law - it either happens or it doesn't.

                  2 - Your section 21(4)(a) notice is defective (if the above is it) so I would be grateful they have gone.

                  ___________________________________
                  1) This was wording provided by a solicitor....

                  2) As to the Sec 21 the quote I have put was from follow up letter to the original Sec 21 notice - which was on a legal template and was used by my tenant to obtain her housing association house.
                  ___________________________________

                  Comment


                    #10
                    Originally posted by rosrwa View Post
                    ___________________________________
                    1) This was wording provided by a solicitor....

                    2) As to the Sec 21 the quote I have put was from follow up letter to the original Sec 21 notice - which was on a legal template and was used by my tenant to obtain her housing association house.
                    ___________________________________
                    I am sure your solicitor (a specialist in Housing law) will know more about such things than I.

                    There are numerous s21 templates - even the one on this site has areas of concern. However, it's validity doesn't matter now - you have exactly what you wanted - your property back without the hassle of a court possession claim (there's £285 saved).

                    Comment

                    Latest Activity

                    Collapse

                    Working...
                    X