AST renewal- now rent arrears; tenant has damaged property

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    AST renewal- now rent arrears; tenant has damaged property

    Hi, i am looking for some advice here. I let my flat on an ast for six months. The six months have expired so i offered the tenant another six months with a rent ( bf moved in increase to which she duly agreed. 6 weeks later she still wont sign the contract and has only paid the previously agreements rent. Also there has been some damage which despite repeated promises has still not been repaired. The ast states if in rent arrears i can give the tenant seven days written notice regarding termination of lease, also any damage done must be repaired however it doesn't state how long till i can evict her. How soon can i get rid of her ( sorry to put it bluntly). Not sure which route to take next

    #2
    If she has not signed a new AST, then she is now on a periodic tenancy, serve a section 21 notice.
    Also if the original AST had provisions for rent increases and she has failed to stick to the agreement then I guess you could also serve a section 8.

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      #3
      What is the 'damage' that this tenant has done that you feel they are obliged to fix themselves?

      A week's notice is a fantasy. You can't force a tenant to undertake repairs. Some landlords consider it poor practice to arbritarily increase rent when another person moves in or to do this very soon into an AST.

      You can't insert clauses, such as brief notice periods, into an AST and supercede the law which gives the tenant particular rights, such as two months notice from the landlord timed with when rent payment is due when they are a periodic tenant (which they now are) or render a fixed term agreement invalid at whim.

      If your tenant ignores the S21 notice and remains in the property, then you will have to go through the full legal procedure to get repossession of the property from the Courts. If your tenant still remains after you receive the court order, then you engage bailiffs. It's a serious criminal offence to illegally evict or harass a tenant.

      Landlords are responsible for most repairs and maintenance issues other than when they can prove a tenant has broken something through negligence or by accident. Many landlords prefer for themselves or workmen to do this to make sure they are actually done and done well, anyway.

      This is often sorted out by deducting the permitted cost from the deposit on check-out, including the necessary quotes and receipts. A landlord will struggle to justify any deductions if the tenant takes them to court through the small claims process if there isn't a dual signed comprehensive inventory in place at the outset of the tenancy. Without this, the landlord cannot prove the condition and contents of the property. So do you have an inventory?

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        #4
        cheers for all the advice, yeas there is an inventory, also the damage was a smashed front door (sub aqua oxygen bottle) by the tenants own admisission who to be fair to them was done by themselves by accident and they duly promised to repair themselves. I think that when she/they do leave i think the take off deposit route is probably the best option.

        Thanks for other comments also!

        KAly

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