What do I do?

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    What do I do?

    I had a tenant sign an agreement 1st Dec through a lettings agency, with her partner signing on Wednesday as he was working away. The partner has now signed the contract, but in less than 3 days he has turned out to be a nightmare. They have thrown out a sofa, without agreement, and he his a vile temper. I had a call last night from the lady in the sales office (it's a new build), to say he had pranged his car on a raised kerb outside the property and had been ranting at her, using the f word, about how it was their resposibility his car was damaged. I am going to see them this morning to let them know I want them out by the end of the month. I have not signed the tenancy agreement. Where do I stand?
    Any advice appreciated.
    Thanks,
    Mary.

    #2
    Originally posted by mgram View Post
    .... I am going to see them this morning to let them know I want them out by the end of the month. ...
    Suggest you don't do that: Saturday morning may coincide with a hangover... best handle things through calm, polite letters then there's no possibility of confusion over what was said or tempers being raised & things said unwisely.

    How long was the tenancy?? You would be unlikely to get a court order for eviction on those grounds...

    I would let the agent deal directly with partner over the language: If I were the agent I might well cancel my agreement with you & let you sort the situation out directly with tenants.

    Do you have copies of all credit checks & references taken up on both tenants??

    That you didn't sign is irrelevant: You engaged an agent, meaning (unless you specifically instructed them otherwise..) they may sign etc on your behalf.

    Sorry, many here have had "interesting" tenants...

    Any threats or violence etc I would report to Police, get crime reference number, but let agent handle their interactions themselves...

    Cheers!

    PS If I were you I'd change my ID here - "theartfullodger" is not my real name.. anyone can view these threads... maybe request LLZ change it...
    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


      #3
      Thanks Artful,
      I am seeing them at 10am this morning. The ASTA was for 12 months - so has only been in place for one week. The agency was for a tenant find only so I don,t know that they have any obligations to the tenant or myself once it was agreed (Verbally only. I have no signed agreement from the agency either)I have had no copies of any references from the agency. I will change the ID later!
      Thanks,
      M.

      Comment


        #4
        GO WITH A WITNESS!!! Your 10:00am meeting could be "interesting"...

        Whatever happens - if you do go, I might well not - write a calm, polite letter afterwards to tenant listing what was discussed, keep a copy.

        You can agree an early surrender of the tenancy but I suspect these fine people might not agree to hat as they may find it difficult to find another property..

        Best of eh??
        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


          #5
          Originally posted by mgram View Post
          I am going to see them this morning to let them know I want them out by the end of the month. I have not signed the tenancy agreement. Where do I stand?
          The tenants have a 12 month fixed term tenancy. The only way you can legally and unilaterally end the tenancy is by obtaining a court order for possession. You are unlikely to obtain one during the fixed term unless there is at least two months' rent owing and unpaid.

          Do NOT announce that you 'want them out by the end of the month'. Unlawful eviction/harassment is a criminal offence. See http://www.legislation.gov.uk/ukpga/1977/43/section/1

          Comment


            #6
            Originally posted by westminster View Post
            Do NOT announce that you 'want them out by the end of the month'. Unlawful eviction/harassment is a criminal offence.
            Absolutely! It will also undoubtedly escalate matters with this tenant, who you are certainly stuck with for the forseeable future.

            I see you're logged in here at the moment (9.55am) - I would certainly urge you to take atep back and reconsider going to meet with this tenant this morning. I guarantee 100% that no good will come of it!

            Comment


              #7
              I think your only chance is to confront the agent and ask to see all documentation concerning the let including the references that were carried out. The agent has a duty of care to look after your interests.
              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
                Bit late for that Paul_f. OP also has resp for his own in/action. He should have made it clear to LA that any T would only be granted after OP had reviewwed and approved Ts refs.
                He should have asked to see the whole completed application package before allowing Ts possession.
                Of course LA may well have said Ts passed all checks and rec acceptance, but they would wouldn't they!
                OP has only self to blame IMO

                Comment


                  #9
                  No this is incorrect. An agent is the "expert" in the eyes of the law and OP has no obligation to ask for a "professional" whom he has employed to undertake finding a tenant the method he should use to do so. The agent must show due diligence which he might not have done. Please don't underestimate the rights of the landlord to expect his agent to do everything within his powers to do all necessary checks, and to furnish his client with all the facts of his enquiries and then ASK for his approval to go ahead with the potential tenants.

                  You might not realise this as is the case with many agents, but an agent is supposed to carry out all the above as a matter of course. This is all to do with the agent's common law "Duty of Care" towards his client.
                  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


                    #10
                    Evening Mary,

                    How did your meeting go yesterday and what's the latest? We are all keen to help if we can.

                    Good luck

                    Comment


                      #11
                      Thanks Dan,
                      Apologies to yourself and all the other posters - lost phone & internet connection due to work on house, only got it back on Monday, then could not log onto site!No further forward really,I have left messages for LA, they are now closed till 3rd Jan. Have contacted 2 solicitors, no response back yet.Tenant has mailed to say she wants bank details now to pay January rent...... not sure what to do.
                      Thanks, Mary.

                      Comment


                        #12
                        Why would you not want to give the tenant your bank details for rent? As per Westminsters post - there is a tenancy in place, you can only end that by a court order. At this stage you are unlikely to get a court order but if the tenancy agreement says you can, you can try to apply to the court for eviction under ground 14 http://www.legislation.gov.uk/ukpga/1988/50/schedule/2

                        Have the tenants calmed down at all? Any complaints from neighbours?

                        Comment


                          #13
                          Hi all, everything went well initially - the tenants agreed to move out until the letting agent advised them that they did not need to as what I was doing was illegal (this was 10 days after I informed the LA of the situation).I now appear to be stuck with a tenant I do not want, with a tenancy agreement I did not agree to or sign,(the tenants have already breached 4 clauses) with a letting agent I have no written agreement with, who has disregarded my instructions, won't respond to my calls and I can't do anything till the agency opens again on Jan 3rd. The tenant has been in touch asking about paying January rent - I don't know what to do as the solicitor I contacted is skiing in Cloisters..........
                          Any advice welcone.
                          Mary.

                          Comment


                            #14
                            Thanks Snorkerz,
                            I am experiencing great difficulty posting at the moment - things keep disappearing.
                            I felt that in accepting another months rent I may be admitting that I did not have right to ask them to go in the first place - I wanted to seek clarification on this first, however it does not look as if I can until after the rent is due.
                            There have been no complaints from the neighbour, as they do not as yet have any. One of my major concerns is that the lady moving next door in the New Year is a pensioner, I am really concerned that the T behaves with her as he has with myself and others. I don't think it's a case of calming down I think it's the default position.
                            M.

                            Comment


                              #15
                              You will only be able to evict these people before the end of the 12 months if they breach one of the grounds 2, 8, 10-15 or 17 in schedule 2 of the 1988 Housing Act and the tenancy agreement says you can use that ground and (in most cases) a court agrees that the breach is sufficient to warrant potentially making the tenants homeless.

                              http://www.legislation.gov.uk/ukpga/1988/50/schedule/2

                              I know this may sound heartless - but the new neighbours problems are not your responsibility. She can consult with the council (noise) or police (illegal activity) if she sees fit, but it is not something you have any legal need to get involved with.
                              Last edited by Snorkerz; 28-12-2012, 21:08 PM. Reason: added jjlandlords fine-tuning!

                              Comment

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