SMF - Just Installed!

New Landlord

Started by mrsmac06, October 14, 2016, 02:18:46 PM

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mrsmac06

Do I keep this tenant?
I've been renting my four bed house to a tenant for almost 16 months. things were going ok until I discovered the tenant changed front door locks when I went round to collect the rent (he was in arrears) thinking best if face to face he will pay up, he is and last arrears will be paid the 1st of next month. He did ask if a friend could stay with him a he was struggling to pay the rent I agreed (still keeping he's name solely on the contract) but I think there's 4 males living there.  Can't prove sub letting but my husband has been to do some SD checks and each bedroom has a bed in. I have my suspicions The actual tenant is  not living there, sometimes  when my husband calls, an agreed time/day etc a lot of the time my husband has to collect the rent outside shops or even a pub at one point.
I've since noticed he is smoking (or someone is)  in the property (states on he's tenancy agreement not too) everything is yellow in the property a lot of new things have now turned a yellowly colour, which will probably never get back to its original state. Once I asked if he was smoking in the property I received a mouth full of abuse not a nice experience at all, to which my husband had to take over calling to my property as I didn't feel comfortable after this. Since found out he has broken a lock of the outside dwelling (I did ask he he wanted a key for stair age for it, but he declined) my sons called to get a few things out of the dwelling but discovered the tenant had broken the catch and put he's own lock on, making it impossible for me to go inside unless he opens it. The items I wanted were missing or the temnant had opened them out of their boxes and used them for he's purposes without asking me first. The house itself is ok, in need of a good clean no damage apart from a door handle on one of the upstairs bedroom.
Any advice would be greatly appreciated

Tom

1. The tenant is entitled to change the locks, so don't be shocked about that. Although, he should allow reasonable access for the landlord to carry out repairs.
2. Go careful not to stray into the area of harassment when trying to get rent from a tenant as that could lead to a nasty lawsuit against you.
3. With regard to subletting, I presume you have written lease? If so, does it prohibit alienation (subletting or assigning a property)?
4. Did you just turn up unannounced to collect your belongings from the property?!
5. Why do you have any personal belonging or items in a property you are renting out?!
6. Are the current tenants still in rent arrears?

In the end it is your property. Do you feel comfortable in your current situation with who you are letting too? By the sounds of it you are not, therefore I would evict the tenant for breach of contract (due to subletting the property). Then claim the damage and unpaid rent back from the deposit scheme.

Martha

What sort of contract do you have. Is it a periodic tenancy now?

If not when does the term expire ?

mrsmac06

Hi Gents and ladies thanks for your reply..
The contract I have is a AST, it's up for renewal end of this month. Can I evict on these grounds, as the tenancy is up and I'm aware 2 months notice needs to apply.
I had a shed at the bottom of the garden, That I used for storage I did state this to the tenant at the time but because he wanted to rent it a month earlier than I originally wanted (because I was getting married) he said it was fine, I also asked if he wanted the key but but he said no it was ok, I just assumed he had enough storage inside the property.
My husband called to inspect today but two of the rooms were not able to gain access to, the tenant  stated there was someone in them both rooms asleep of a night shift? My husband said ok but need to be in to check the wet room and the other 2 bedrooms smoke altars etc. So we arranged to call tomorrow at 3pm
We have since had a call from the tenant calling my husband a ,'prick amongst other names all because we want to check our property. (Last checked may2015). Just received a text message to say tomorrow is not suitable and to arrange another day. Am I in my right to still call tomorrow?

Can I evict on these grounds?
The arrears are only £50.