Nightmare tenants making spurious accusations

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    Nightmare tenants making spurious accusations

    Hi,

    We have a property we rent out.

    The tenants got into arrears and after a bit of discussion they agreed a repayment schedule (all signed etc) to pay this off monthly.

    They then didn't pay the rent or anything towards the arrears. After the second time I issued a small claim and won judgement for the arrears. First payment is due in 4 days time but they have informed me they will be asking for a redetirmination to drop the sum they have to pay. And threatened to go bankrupt.

    However as they are in current rent arrears for four months (but will be more by the time they leave) I have served section 8 and now at the stage of having a first court date for a possession hearing.

    I got an email through a third party (their local council housing department) that they will defend the case (don't know how but there you are) and she has accused my husband of harassing her at work.

    This is TOTALLY unfounded and just another of her lies. We do not even know where she works other than a convenience store somewhere. When she returned the small claims court papers she did not put any of their personal details on it or their employment details. I have also on a number of occasions asked for this information but she has always refused to give it.

    I have been told that we might ge a PIN for something we have not done and is a lie to mitigate her responsibility for her eviction.

    I am now at a loss as to what to do now. Although an outright lie she is likely to take this forward to some sort of official complaint because that is all she can do. She actually made a complaint to the bank about a missing rent payment that she claims she put in a bank drop box. The reply from the bank clearly states that there is no basis for the complaint. So she is a time waster as well.

    What can we possibly do now?

    Sorry for the lng post but we just are floored by this because I have been so accommodating of their financial situation and patient with them .

    #2
    Only give 6 month tenancies in future. Then you can evict by section 21 without all this nonsense.

    Comment


      #3
      Yes, thanks JKO.

      Any advice on the present situation?

      Comment


        #4
        Answer these questions, then someone might have a suggestion:


        Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?

        Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?

        Q3 – What date did current TA start dd/mm/yy?

        Q4 – How long was initial fixed term (6/12/24 months / other)?

        Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?

        Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?

        Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).

        Q8 – Does the landlord live in the same property as the tenant?

        Comment


          #5
          The only defence she can make is that the rent has been paid or reduce the amount owing to under two months.

          I hope you protected the deposit within 30 days as they may also claim a penalty and ask for it to be used to reduce the arrears.

          They can also delay things by making allegations of disrepair

          Failing that the council will know that vast rent arrears cannot be contested in a section 8 eviction. They will also know they have no duty to house this person once she becomes voluntarily homeless by not paying her rent.

          Comment


            #6
            Hi,

            Thank you for your reply.

            1. England (Hants)
            2. Short Hold tenancy of 2 bed house sole use by family unit of mother and father (named as tenants) and small son
            3. August last year
            4. 12 months but they have been in the property since 2011 with renewals yearly.
            5. Per calendar month due 22nd but payable by last day of the month.
            6. No monetary deposit. Damage bond provided by local council.
            7. I gave the tenants a section 8 notice for unpaid rent and now have a court date for a possession hearing. Section 8 15/05/17 court action started 27/06/17
            8. We (LL) live about 20 miles away from the property.

            She has tried to use disrepair and delapidation earlier but that was a pile of croc and environmental health said they wouldn't get involved basicly because it was a pile of croc.

            She has now said OH has been harassing her at her place of work. (((Absolute pile of croc and totally untrue we don't know where she works))) so that she can try to say we have been unreasonable etc.

            Comment


              #7
              Why did you give new tenancies to tenants you've had trouble with before? Are you gluttons for punishment?

              FTA, serve a s21 IIWY lest the section 8 fails.

              Comment


                #8
                Do not make any further attempts to find out where the tenant works.
                Go to court and if harassment is claimed point out that a) you don't know where they work and b) what evidence of harassment do they have (given that you haven't done it).

                A more likely defence is that the property has some kind of disrepair, so if it's at all possible to get a condition report before the court hearing do so (if they're uncooperative and trying for harassment, try using a 3rd party and make it sound like a routine inspection).
                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


                  #9
                  Thank you.

                  We have a court date for Aug but I had already said to them that I will be doing a property inspection before she started to say about harassment etc. She has threatened to go bankrupt to try to intimidate me.

                  I will be asking the woman from the local council housing department that the tenant has been trying to get help from to attend at the same time.

                  Comment


                    #10
                    Originally posted by cassa View Post
                    .... She has threatened to go bankrupt to try to intimidate me.....
                    Let her go bankrupt then. That's not intimidation. It's stupid. If she excludes herself from paying any arrears, the judge will have even less discretion than before.
                    If she goes bankrupt her credit rating will disappear. If she has no money to begin with, it's unlikely you'd ever see your rent paid anyway, even with a CCJ. You need to focus on repossession of your property, not recouping the money at this stage.
                    I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

                    Comment


                      #11
                      Yes getting the money back is sort of secondary.

                      Because we have a possession court date we are now focusing on her charge of harassment.

                      We are trying to find a solicitor to advise us on this because even though it is an ad solute lie (just like all her other claims) she has form for taking Lies as far as they will go so she is likely to go to the police.

                      Comment


                        #12
                        Actually she threatened to go bankrupt before and I just said go for your life. If you think it is the easy option more fool you.

                        In any case I have heard (but not sure in real) that bankruptcy does not discharge CCJs!!

                        Comment


                          #13
                          If she goes bankrupt, the debt won't become a ccj issue.

                          As above - threatening to "go" bankrupt isn't a threat against you.
                          If the tenant can't pay, being bankrupt won't make your situation any worse, but will make the tenant's situation much worse.
                          If she threatens again, point out that if she doesn't pay, you might seek to make her bankrupt as an alternative to a ccj, saving her some paperwork.
                          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


                            #14
                            As is my want, I am getting a bit confused.

                            I don't care if she goes bankrupt because we have (reluctantly) accepted that whatever happens we will probably not get our money. I have a CCJ for historical rent arrears and she owns a significant amount for this eviction as well. It was just that I heard that if she did go for bankruptcy the CCJ is separate from that and is still enforceable. Not sure if that is true or not but as I said we are resigned to the loss anyway. I would only send her to bankruptcy if it doesn't cost me anything. Having lost so much rent money and having had to pay for all the court action I don't want to loose any more lol

                            Getting her out and addressing the harassment issue is the important thing now.

                            Comment


                              #15
                              I may be utterly wrong but I think unspent CCJ's can be included in a bankruptcy, however fines can't.
                              Technically, the CCJ remains on record as an unspent order, however the bankruptcy simply overturns the enforcement of repayment option.
                              For the purposes of your claim, a possession order is not a CCJ, as you are primarily seeking repossession of property. The repayment of debt is the part which forms a CCJ, not the repossession itself.
                              I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

                              Comment

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