First time landlord nightmare!!

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

    First time landlord nightmare!!

    I'm looking for some advise. I'm a first time landlord and have a new one bedroom apartment I am letting out. The tenant has been in since Feb this year and has stopped paying the rent since May. The tenancy is managed through a letting agent. He is now complaining there were things that he was told would be included, eg. Car parking??? This is not included in the lease or was never advertised and I know he wasn't told this... Also he has not reported his issues to the letting agent? Anyway he has now said he will vacate the property if his deposit is refunded fully within deductions. The legal process is underway and i am aware this could take time and may still end up fruitless if he is unable to pay. The ironic thing is he is a company director of an estate agents.....I have recently inspected the property and found that the front lock was broken (which I have repaired) and there has been a huge leak from the apartment above....neither was not reported. What else legally can I do???

    #2
    Originally posted by deats01 View Post
    What else legally can I do???
    Once he's out, take up action to recoup damages but you seem to have already started to do so?

    I think the answer, realistically, is not a whole lot. Stick to the legal path and it may result in you getting (some) compensation. At least you'll be able to get a CCJ against him which will be a warning to other landlords...

    Comment


      #3
      Thanks I have suspicions he has started another tenancy in a new apartment block down the road. So do you think I should agree and also allow the deposit to be refunded without deductions..the apartment is filthy!

      Comment


        #4
        Legal action is underway through the cover I have via the letting agent. However this will cease if he hands over possession. So I will then need to pursue the debt.

        Comment


          #5
          Originally posted by deats01 View Post
          So do you think I should agree and also allow the deposit to be refunded without deductions..the apartment is filthy!
          No. If you can justify it, absolutely keep his deposit. Or, keep what is reasonable from it allowing for fair wear and tear.

          Of course, to justify it you will need to have an inventory. Do you have an inventory from the start of the tenancy, agreed to and signed by the tenant?

          Comment


            #6
            Yes I had an inventory done through the letting agent. But he said he will only hand over possession if his deposit is refunded in full.

            Comment


              #7
              Well then take it through the courts, gain possession (with enforcement action if necessary) and keep the deposit - detailing exactly why you have done so with reference to the tenancy agreement and the inventory.

              If he argues, offer to go to adjudication at the deposit scheme - that's what it's there for.

              Comment


                #8
                I've been advised the court hearing will be 6-8 weeks. And by then, if I don't get possession before, more rent arrears will have built up but he won't handover possession without a full deposit refund.

                Comment


                  #9
                  Well he won't have a choice when the bailiffs turn up.

                  I appreciate it's expensive but this is one of the risks of being a landlord...

                  The best advice I could probably give you is to vet your tenants really carefully next time. Sorry.

                  Comment


                    #10
                    Yes I think you're right, I naively assumed the letting agent might cover that one

                    Comment


                      #11
                      The LA should only act with your Authorisation, he cannot address the repo hearing, unless also a Solic. Also you should apply for hearing costs against the T at Repo hearing ~£350 + Bailiff costs.
                      DO NOT return deposit as requested, no guarantee T will leave quietly & return property in an acceptable condition. Suggest you join NLA/RLA for some LL training. ~£100 + other benefits.

                      Comment


                        #12
                        Since he has money, I would follow the legal process. At minimum you should get all the rent paid, which is more than the deposit amount I guess.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #13
                          The latest is that he has moved out of the apartment and taken his belongings. I believe he has moved into another apartment block in town. I have asked if he would end the tenancy agreement and he will not. He appears to be playing games. When it goes to court he will claim he was promised certain things, which he was not. I suspect he could do the same to the next landlord. I do not know his forwarding address so I suspect this could be a problem, however I know his business addresses and I believe I know the apartment building he is now residing in but not the number. Given the legal process is underway I guess I can do nothing even though he is no longer occupying the property?

                          Comment


                            #14
                            If he's genuinely moved out, you might be able to repossess.
                            If you repossess and he claims he hasn't moved out, that might be risky for you.

                            You can continue to serve documents to the last known address you have for him, which is your property.
                            Receiving his post is the tenants problem not yours,
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              I would carry on the court process and make sure you attend the hearing - if you don't turn up he may win. You need to get legal possession and as previously expressed he has money - so go for it. I can think of all sorts of ways to find out where he lives including tailing him from work - they all put down a paper trail in time - just googling his name in a few weeks will give you a clue.

                              Stick with it. This is a sharp learning curve but will make you a lot wiser.



                              Freedom at the point of zero............

                              Comment

                              Latest Activity

                              Collapse

                              • Reply to Labour taxation plans
                                by theartfullodger
                                May I quote the Telegraph. on Sunak's kind gift of the highest tax burden for quite some time....

                                https://www.telegraph.co.uk/business...tax-burden-70/
                                22-01-2022, 18:10 PM
                              • Labour taxation plans
                                by steaming
                                Rachel Reeves R4 this am told the interviewer that Labour (when in power) would raise money by taxing those with BTL property much more than at present, she opined it was wrong that “they” were “getting away with it”. No challenge from BBC or fact check as to present tax. You are warned.
                                20-01-2022, 16:55 PM
                              • Reply to Labour taxation plans
                                by SouthernDave
                                The limited company system has been abused for too long by people trying to save on tax by claiming they are a company. I know loads of people of set themselves up as limted companies and have now been caught by IR35. They have spoiled it for those of us who have proper companies to rub who used to...
                                22-01-2022, 17:55 PM
                              • Reply to Labour taxation plans
                                by SouthernDave
                                Agreed. Peoples care should not be down to those who work hard, to take from their labours. The levy is a joke and im disappointed in the conservatives for doing it.
                                22-01-2022, 17:52 PM
                              • Reply to Greetings, I Come in Peace
                                by SouthernDave
                                I thought the main issue of taking a tenant on UC is not so much the fact they are receiving benefits, but the fact that its a pain in the proverbial to evict as the council tell them to sot tight until forced out by bailiffs....
                                22-01-2022, 17:47 PM
                              • Greetings, I Come in Peace
                                by AVJ113
                                Hello all, I am a prospective landlord. I will be arranging my first mortgage in principle today as a start to my evil buy-to-let empire. As a total newb, what would be the one piece of advice you would give after your years of experience as a landlord?
                                20-01-2022, 07:24 AM
                              • Reply to Cheapskate landlord wants to end tenancy
                                by AndrewDod
                                I think you need to ask whether he/she is responsible for the things you say, and whether these warrant immediate attention as you think they do:

                                a) leaking shower - what do you mean exactly. Leak from where, when...
                                b) broken burglar alarm - what is broken? What does your contract...
                                22-01-2022, 16:59 PM
                              • Cheapskate landlord wants to end tenancy
                                by Lucylou99
                                Hi just after some advice. I have been renting the property for 4.5 years, 4 of those with a fantastic landlord and 6 months with a new landlord. When he took over he immediately increased the rent by 25%, annoying but perfectly within his rights. The main issue is maintainance and repairs. I cant report...
                                21-01-2022, 22:11 PM
                              • Reply to Occupational rent to an executor.
                                by Lawcruncher
                                It is in the nature of co-ownership that each owner owns the whole and each is therefore entitled to occupy the whole. The sister's right.therefore is not to receive rent but to occupy the property as well. If the sister does not want to share occupation but wants some benefit then, keeping things simple,...
                                22-01-2022, 16:08 PM
                              • Occupational rent to an executor.
                                by Yoda 111
                                I am currently living in my deceased mother's house which I have lived in for 46 years my sister is the executor of the Will. My mother died in February 2020 so nearly 2 years ago and now my sister want's to charge me occupational rent from the time of death up until grant of probate was granted may...
                                20-01-2022, 19:44 PM
                              Working...
                              X