Tenant pays rent OK but doors/windows smashed up

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  • Tenant pays rent OK but doors/windows smashed up

    I have a tenant that has paid 6 months in advance and a bond 3 months into their tenancy and we are having problems with damage to the property ie broken windows smashed door how do I stand legally can I evict him and do i have to return their rent which has not been yet used and can I deduct eviction costs if any from these funds

    Many thanks

  • #2
    Originally posted by pwhite8112 View Post
    I have a tenant that has paid 6 months in advance and a bond
    And the deposit is presumably in a TDS?

    3 months into their tenancy and we are having problems with damage to the property ie broken windows smashed door how do I stand legally can I evict him
    No --- at least, not immediately. You need to follow the proper legal procedure* which could take longer than 3 months.

    *No doubt you know what the proper legal procedure is; because nobody would be stupid enough to lend someone an expensive asset like a property without knowing how they could get it back....right?

    and do i have to return their rent which has not been yet used
    I don't think you will manage to evict them before the end of their 6 month term, so there won't be any "unused" rent.

    and can I deduct eviction costs if any from these funds
    I don't think so but I may be wrong.

    Just make sure you serve notice so that you can evict T as soon as possible after end of fixed term.

    Peter

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    • #3
      Originally posted by pwhite8112 View Post
      I have a tenant that has paid 6 months in advance and a bond 3 months into their tenancy and we are having problems with damage to the property ie broken windows smashed door how do I stand legally can I evict him and do i have to return their rent which has not been yet used and can I deduct eviction costs if any from these funds

      Many thanks
      pcw is right, of course.
      Use s.8 Notice and cite grounds 12/13/14 (as appropriate). Include full text of grounds used AND particulars of precisely what T has done wrong in contravention of each.
      These are discretionary grounds (so Court will not necessarily award possession to you); but, if g14 is used with or without the others, you can begin proceedings immediately after serving Notice i.e. no waiting period required.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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      • #4
        Originally posted by pcwilkins View Post
        And the deposit is presumably in a TDS?
        A wot...?
        here's a bit of white text to fool this stupid system into thinking my message isn't too short to post

        Comment


        • #5
          Originally posted by Ericthelobster View Post
          A wot...?
          Incidentally, does the OP get the prize for the longest post without any punctuation?

          Peter

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          • #6
            Peter you seem to get very excited about punctuation, spelling and grammer. Ever thought about a career change??

            Comment


            • #7
              It depends on how much you have in the deposit that you should have had requested before letting the apartment. If the cost of repairing the damages is higher than the rent, than you will apply an increase of the rent in a month (obviously you first have to fill the forms cited above and wait for a positive response)
              OutRentHome.com the Home You Want, the People You Want

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              • #8
                Originally posted by rinomanfroni View Post
                It depends on how much you have in the deposit that you should have had requested before letting the apartment. If the cost of repairing the damages is higher than the rent, than you will apply an increase of the rent (obviously you first have to fill the forms cited above and wait for a positive response)
                Whats a Hom?

                Comment


                • #9
                  Originally posted by Colincbayley View Post
                  Whats a Hom?
                  Oh, I see you've changed it!

                  Comment


                  • #10
                    Oops sorry, I mispelt it... now it should be corrected!
                    OutRentHome.com the Home You Want, the People You Want

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                    • #11
                      Originally posted by johnboy View Post
                      Peter you seem to get very excited about punctuation, spelling and grammer. Ever thought about a career change??
                      Don't get excited about grammer; grammar, on the other hand, is OK.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                      • #12
                        Originally posted by johnboy View Post
                        Peter you seem to get very excited about punctuation, spelling and grammer. Ever thought about a career change??
                        You don't know what my career is at the moment; I could be a government punctuation/spelling/and grammar inspector for all you know.

                        Anyway, I wouldn't say I get excited about it --- I just like to help people get things right. After all, nobody likes to look stupid...

                        Peter

                        p.s. That's not how you spell grammar!

                        Comment


                        • #13
                          I dont need any help looking stupid I can manage that all by my self.

                          If you look at any of my earlier posts you should have already noticed I am the worst speller in the world and any grammmmmer non-excistent.

                          Its down to being slightly dyslexic.

                          Comment


                          • #14
                            Originally posted by johnboy View Post
                            If you look at any of my earlier posts you should have already noticed I am the worst speller in the world and any grammmmmer non-excistent.
                            We had noticed, but I was going to be polite and not say anything

                            Peter

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                            • #15
                              Originally posted by Colincbayley View Post
                              Whats a HOM?
                              According to my favourite source (http://www.acronyms.thefreedictionary.com), it's one of these:
                              Hall Of Mirrors
                              Hanford Occupational Medical System
                              Hazardous Organic Mishap
                              Heads Of Mission
                              Hearing Office Manager
                              Hierarchical Occlusion Map
                              High Octane/Order/Output Model
                              High Order Messaging
                              Higher Order Model
                              Hit Or Miss
                              Homeland Onshore Model
                              or the airport code for Homer Airport in Arkansas (not featured all that much on LandlordZONE)
                              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                              4. *- Contact info: click on my name (blue-highlight link).

                              Comment

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