Tnt gave notice, hasn't paid last m's rent & now blocking potential tenants viewing

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

    Tnt gave notice, hasn't paid last m's rent & now blocking potential tenants viewing

    i have had 18 months of relatively stress free letting from what appeared to be the model tenant.
    she gave me notice three weeks ago as she was planning on moving to a bigger property.
    when the last month's rent didn't appear in the bank account i challenged her and she told me that she had an issue with the housing benefit.
    a week passed and still no payment was received, when i challenged her again she asked me if i could take her deposit as the last month's rent - i have no issue in doing this providing the property is in good nick, but now she has begun to be difficult and won't sign over the deposit to me.
    she has also told my letting agent that she intends on overstayng by about five days.
    i have another couple interested in the property and the current tenant won't respond to my letting agent to arrange a suitable time to view.
    it would appear that she is blocking access.
    where do i stand with regards to gaining access to the property?
    i have reason to suspect there is a leak from the bath, so there is more than sufficient reason for me to want to enter.

    #2
    You should not have said she can use the deposit instead of paying rent. What incentive has the tenant got to return the property in good condition.

    What does the tenancy agreement state about viewings, and access for repairs?

    In a nutshell, you have snookered yourself in regards to rent, damage to the property, and viewing access.

    Edited to add: Call the HB department and get the claim suspended, and request direct payment as the tenant is not paying their rent.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      arguably if she hasnt already damaged it, the absense of a deposit will not make her start bringing down walls.

      I assume you have inspected the place and have seen it to be in a good condition? No deposit doesnt mean you cant sue her for damages, assuming she has any money.

      How do you know she is blocking access? She might just be busy or avoiding the agents. Why dont you give her a call yourself? If you have genuine reasons to suspect a leak that is compromising the property, i believe that would be classed as an emergency repair, so you can arrange for a plumber to go and send her a notice that he is coming.
      All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

      Comment


        #4
        hi,
        Thanks for your response.
        the tenancy agreement states we have to give 48 hours notice to inspect. and immediately if we suspect there is a problem in the property, however i'm not sure what would happen if she refused us access in both circumstances?
        do we then have the right to gain access with our own key? or will that result in us having the police called.

        we haven't formally agreed to letting her pay using the deposit - we've maintained that we're keen to have the last month's rent paid in the conventional way- i.e through her housing benefit and however much she tops it up by.
        the lettng agent have been trying to withdraw the deposit from the DPS but she keeps delaying sending over her password.

        i'm not sure how much contact is too much though. I feel sometimes what we're doing is bordering on harrassment.

        Comment


          #5
          she has also made it clear that she doesn't want us to contact her.
          every time we do, she asks us to stop bothering her.
          the letting agent call her to try and arrange a veiwing and she won't return their calls until i get in touch with her.
          they are trying to arrange a viewing with a potential tenant this week over half term but i have a feeling she won't be there to let them in.
          we inspected the property about three weeks ago (shortly after she gave notice) in order that we could take some up to date photos.
          there was evidence of water damage from the bath into the kitchen - she said she would stop using the bath until she moved out, but we have doubts that she will keep her word.

          if she is 'only' one month in arrears - is it really worth pursuing her for the outstanding money?
          can somebody also tell me at what point can we start eviction proceedings?

          Appologies for the number of questions i'm asking.
          Unfortunately i've found myself in the position of having to rent out the property as it is in negative equity and selling it would be pointless.
          I'm not a professional landlord as you can probably tell!

          Comment


            #6
            You haven't "formally" said she can use the deposit as rent, yet the agent has made repeated requests to get her password in order to have it paid before the tenancy is over? Sounds contradictory to me.

            Send a letter stating that you/workman are coming to sort out the repairs on "x" date(giving 48 hours). In the letter, make it clear that any further damage caused will be charged to her deposit, and not limited to it.

            Take along your key in case there is no one in.
            If the key doesn't work, or she won't allow access, then you leave a letter stating you have been, and will start court proceedings to enforce entry.

            In reality, there is little you can do in the short term.

            Did she give correct notice?
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment

            Latest Activity

            Collapse

            • Reply to MCOL & PCOL
              by OS7
              Just to close of this thread : telephone hearing took place and after a lengthy hearing - the defendants application to set aside CCJ was dismissed and a CCJ with an instalment order was ordered by the Judge. He said he saw no real prospect of the defendant defending the claim, however to resolve he...
              30-11-2021, 05:44 AM
            • MCOL & PCOL
              by OS7
              Hello Everyone,

              Via Section 21,i have recently been granted a possession order for my property to happen in middle Jan 2021. The tenants are claiming housing benefit and they owe rent arrears and monies just under £7000 - I have applied for MCOL and now currently waiting to request judgement...
              04-01-2021, 14:16 PM
            • Reply to Am I a lodger or a tenant?
              by AndrewDod
              Even if you are an AST "tenant", you are tenant of Sarah, not a tenant of Sarah's landlord. If Sarah ceases to be a tenant that does not make you a tenant of Sarah's landlord (nor does any deposit you paid to Sarah have anything to do with Sarah's landlord).

              Sarah's right of...
              29-11-2021, 23:05 PM
            • Am I a lodger or a tenant?
              by Bert1e
              Hello, I have a question about my legal status in private rented accommodation.

              I live in a private rented house. The entire house is rented from the landlord by one individual (let's call her Sara). Sara has a bedroom in the house and a lot of stuff in the cupboards all around the house....
              28-11-2021, 12:13 PM
            • Reply to Section 21 and Gas Certificate
              by jpkeates
              There's not normally an issue with the gas certificate timing other than the very first one.
              That said email is not how you give people documents like that, unless the tenant has agreed to be served them by email.
              29-11-2021, 18:16 PM
            • Section 21 and Gas Certificate
              by Mr. Sparkle
              About 3 weeks ago I had a gas certificate issued.

              I forgot to email the tenant a copy of the document.

              I plan to evict the tenant with either a Section 8 or 21 and want to know whether there is any issue regarding the delay to give the tenant the gas cert?

              There...
              29-11-2021, 14:15 PM
            • Reply to Section 21 and Gas Certificate
              by theartfullodger
              No idea if the GSC you have is OK or not (1st place, you don;t say) or what the timing is for when it should be served. So difficult to answer.

              But...


              s8 not an issue

              s21 see
              https://nearlylegal.co.uk/section-21-flowchart/

              - there's...
              29-11-2021, 17:50 PM
            Working...
            X