Nightmare Tenant... advice on situation appreciated

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    Nightmare Tenant... advice on situation appreciated

    I have a nightmare tennant who moved in on the 5thNovember 2011.
    Its a fixed assured shorthold tenancy agreement.
    She has not paid since she moved in.
    She will not correspond or reply to any contact.
    I have sent her notice 8 re late payments etc recorded delivery which she has not signed for( and posted one through the door, witnessed)

    I now find from the neighbours that the house smells badly of smoke and she has 2 cats. She did not advise me of smoking or pets and it states in the contract that she is not to have pets without my written consent.

    Obviously made a mistake in letting the house to her and ive learned my lesson there.

    Im concerned now about the state of the house as its let furnished , and im really unhappy about cats and the damage etc.

    I would like to inspect property, to see its current state etc..

    Firstly is there anything I can do about her having pets when its specified that she cant?

    What are my rights in inspecting the house? i know you should give 24 hours notice etc, but can I still go to inspect it without her consent , if she continues to not respond?

    I would appreciate any contsructive help, I feel she has probably done thsi before and im just concerned about the state of the property and furniture now and just want to get her out...

    Many Thanks

    #2
    Started

    Originally posted by Bristoli View Post
    I have a nightmare tennant who moved in on the 5thNovember 2011.
    Its a fixed assured shorthold tenancy agreement.
    She has not paid since she moved in.
    She will not correspond or reply to any contact.
    I have sent her notice 8 re late payments etc recorded delivery which she has not signed for( and posted one through the door, witnessed)

    I now find from the neighbours that the house smells badly of smoke and she has 2 cats. She did not advise me of smoking or pets and it states in the contract that she is not to have pets without my written consent.

    Obviously made a mistake in letting the house to her and ive learned my lesson there.

    Im concerned now about the state of the house as its let furnished , and im really unhappy about cats and the damage etc.

    I would like to inspect property, to see its current state etc..

    Firstly is there anything I can do about her having pets when its specified that she cant?

    What are my rights in inspecting the house? i know you should give 24 hours notice etc, but can I still go to inspect it without her consent , if she continues to not respond?

    I would appreciate any contsructive help, I feel she has probably done thsi before and im just concerned about the state of the property and furniture now and just want to get her out...

    Many Thanks
    Sorry to here about your problems

    There not much else you can do than start proceeding to get possession of the flat/house for Rent arrears.

    As for inspections there not much you can do if she refusing entry to you,have a read of this thread http://www.landlordzone.co.uk/forums...705#post196705

    Best to wait until the tenant is legally evicted.
    Fed up with nitpickers and rivet counters...

    Comment


      #3
      Please do not take the tenant's lack of response to your request for inspection access, as a green light to enter the property. You cannot legally go into the tenant's home without their agreement. Even if you have a 24 hours clause, you cannot enforce that without a court order if the tenant refuses and lack of reply is construed a refusal.

      If you have issued and completed your Sec 8 notice correctly, your only real option is to allow the due legal process to run its course and hope that the court issue you possession. However, might be an idea to also back-up with a Sec 21 notice, as should the tenant suddenly pay off her arrears, the ground for owing rent no longer applies.

      When does her fixed term end? Sec 21 must give 2 months notice, and can be issued at any time, but the court process cannot start until the fixed term ends.

      Did you take a deposit? Is it protected in a scheme? If not, do so today, as Sec 21 is invalid without deposit protection. You need to send tenant the deposit protection scheme information BEFORE the Sec 21, so leave it a couple of days.

      NEVER serve any notices by recorded delivery - as you have discovered, tenants can refuse to sign. Send 2 identical copies, from 2 different post offices and get the free proof of posting for each. Notices are deemed served 2 working days after 1st class posting.

      As for the non-pet clauses, OFT have ruled them unfair, but should the pets cause additional damage, then you should claim for everything either from deposit, or through small claims. You should also charge tenant for a full professional deep clean of the carpets and furniture and a de-flea treatment, to prevent allergies and other problems tfor future tenants.

      Did you not take up full references for your tenant? Always wise to speak to all previous LLs, employer etc - although I appreciate hindsight is a wonderful thing!

      Comment


        #4
        Have you commenced the court process for the section 8 application?

        If you used the correct form for the section 8 notice, you will observe in the notes on the back that you can add further grounds. I suggest you add ground 12 of the claim in respect of the smoking and pets. Some no-pet clauses are regarded as unfair, but that's only an issue if the tenant claims it is unfair.

        Some judges will accept the fact that you have posted the RD letter as adequate service - on the principle that it is the tenants choice not to have received it. Does your tenancy agreement actually say that RD is an acceptable method of service? No worries - service by hand (with witness) is acceptable in all cases.

        Comment

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