Don't know what to do!!!

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  • Don't know what to do!!!

    Hello to all.

    This is all new to me but I hope that someone out there can help me as I am at my wits end.

    I first rented a property out on 20th March last year to a couple who have been know to me for quite a long time.

    Shortly after they moved in they expressed an interest in the property should I ever decide to sell it which at that time I hadnt really thought about. However, in Novermber last year I decided that I would sell it as I wanted to move out of the area having recently been widowed and for health reasons.

    I gave the tenants first refusal but at the time the lady had just started a new job so we agreed that I would leave it until end of January this year. The time came and they told me that they could not get a mortgage so would be looking to continue renting. I told them that in that case the house would be put on the market at the end of February, so they had at least a month to start looking. Their 12 month contract officially ended on 20th March 2012 but unfortunately for them my house was sold 3 days after being advertised and a proposed completion date of 10th April was agreed, this coincided with the end date of the section 21 notice that I had been advised to issue by my solicitor.

    Up until this time, the tenants and I had got on fine, rent paid on time etc. However, when the 10th April came they started to fob me off with all kind of excuses which has now culminated in them threatening me with harassment, even though any visit has been agreed by both of us and with at least 24 hours notice (Only 3 visits in total including estate agents visit).

    The position now is this. They are out of contract and not paid any rent since 22nd March, accusing me of storing some of my furniture there when this was left in for them to use as they requested (I had no use of it). Accusing me of peering through windows and shouting through the letter box at them...I'm 56 and suffer from Rheumatoid Arthritis...and now saying that they are going to take me to court for unfair treatment and harassment.

    Does anyone know, legally where I stand with regards to removing what furniture is in there as my daughter has just taken possession of a property and wants to use the items. I have been told that I can contact the police and remove the items with them there as witnesses.

    Anyone any ideas....Thanks

  • #2
    If the furniture items were let with the property then they are part of the contract. Also worth bearing in mind that if the tenants don't want you to, you can not really enter the property, which would make it difficult for you to remove the furniture!

    Lets look at getting you your property back

    I know you say 20th March 2011 was the first day of the tenancy, is that a precise date?
    20/3/11 to 20/3/12 is one year and one day - are you sure 20th March 2012 was the last day?
    I presume rent is due monthly on 20th of each month?
    Did the tenant pay a deposit?
    - What date did you protect that deposit in a government approved scheme?
    - What date did you give the tenant the deposit schemes 'prescribed information'? Can you prove that?
    What date did your solicitor serve the section 21 notice?
    Can you confirm the expiry date of the s21 was 10th April 2012?

    Comment


    • #3
      Thanks for the speedy response.

      The contract started on 20th March 2011 for a 12 months period.

      The rent was paid weekly into my bank account

      Because, although there was a contract, it was informal, if you can have such a thing and there was no deposit paid. They were going to use what would be a deposit to decorate. All they have done is put very cheap flooring down in the living area.

      The Sec 21 expired on 10th April 2012.

      I also have written advice from my sol saying that I can give min 24 hours notice of intention of inspect the house for any potential damage and I have since found out that it would be in my interests if a police officer was to accompany me. That would avoid any possible harassment issues.

      Finally, the furniture was not included in the rental. It is rented unfurnished, but there is an iventory that states they can use the items for the life of the items or the end of the tenancy, whichever comes first.

      As for any storage of my items, this was agreed at the beginning of the tenancy with a reduction in rental. All this was agreed before the contract was signed. They just seem to be plucking anything out of thin air. Their so called reason for not paying the rent is because I had stored items there and the fact that I now want the items of furniture for my daughter. Neither of these were contracted

      Thanks

      Comment


      • #4
        Despite s21 expiry, the T continues as SPT, with rent due, until you get Court repo order and get Bailiffs to evict if required.
        You left furniture for Ts use 'for life of goods or T'. I don't think you can demand furniture back during life of tenancy. You cannot store your goods in property over which T has exclusive use, nor have you a right to enter and remove it, as it appears on the inventory. IMO

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        • #5
          Forget the furniture. The conditions of the agreement between you and the tenant for them to remain at the property have not changed.

          You need to pay the £175.00 fee and get a possession order.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


          • #6
            and don't even try to go in (with our without Police) - you are just giving them ammunition to use against you...there are a million threads on here about entering with notice - common consensus is that (whatever the letter of the law says) you would be stupid to enter without permission
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment


            • #7
              Originally posted by thesaint View Post
              Forget the furniture. The conditions of the agreement between you and the tenant for them to remain at the property have not changed.

              You need to pay the £175.00 fee and get a possession order.
              You are likely to have to use the fixed date procedure if there is no written AST and the costs of this are normally higher, and will definitely be so if either party employs a solicitor.
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

              Comment


              • #8
                Originally posted by Paul_f View Post
                You are likely to have to use the fixed date procedure if there is no written AST and the costs of this are normally higher, and will definitely be so if either party employs a solicitor.
                What is the "fixed date" procedure?

                AFAIK, Kypros can use the accelerated s21 process if he has a written tenancy agreement, or the regular section 21 process if there is no written agreement.

                There doesn't seem to be any confusion over commencement date, and the s21 was a s21(1)(B) so the expiry date is not an issue.

                Comment


                • #9
                  No written tenancy & weekly paid rent I think means a weekly not monthly tenancy so are you sure s21 date is right? You would also be required to provide an up-to-date rent book, in addition to bank statement.
                  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


                  • #10
                    Originally posted by theartfullodger View Post
                    No written tenancy & weekly paid rent I think means a weekly not monthly tenancy so are you sure s21 date is right? You would also be required to provide an up-to-date rent book, in addition to bank statement.
                    Not necessarily, but the question should be asked.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                    • #11
                      Originally posted by Snorkerz View Post
                      What is the "fixed date" procedure?
                      The alternative to the APP, and is what is referred to by the courts, such as when you use S.8 Ground 8 and want any arrears assessed at the same time, or you are just making a money claim which may or may not be property related.
                      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                      Comment


                      • #12
                        Originally posted by Paul_f View Post
                        The alternative to the APP, and is what is referred to by the courts, such as when you use S.8 Ground 8 and want any arrears assessed at the same time, or you are just making a money claim which may or may not be property related.
                        Thanks Paul_f, I had never heard it referred to as such, but many people seem to use the same phrase - basically it means 'go to court on a fixed date' and can apply to any claim?

                        Comment

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