SMF - Just Installed!

On-going saga

Started by ckurimbokus, July 30, 2024, 06:05:25 PM

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ckurimbokus

People on this site has been very helpful so I thought I'd give anyone who might be interested an update on my original posts.
 
Tenant appeared very personable at first and so we agreed a £100 pm reduction in rent that she asked for.  Found out first impressions can be very deceiving.  6 months on, we had enough so evoked Break Clause in AST contract.  She ignored it.  Issued Section 21 notice – she refused to move ("you did not give us a reason and we have nowhere to go").  County Court Judge issued possession order and ordered them to pay court fees.  Totally ignored. 

Since they were not making any effort to move, and our mortgage has increased 3 fold and rental rates have also increased, we sent them a Form 4 – rent increase, a month before the end of the 1 year contract.  They challenged it at the rent tribunal.  Rent tribunal kicked the Form 4 out of bed because we stated rent was to increase on 25th March 2024 (the original contract started 25th Feb 2023).  Rent tribunal said that new proposed rent ought to start 26th March and because of that, the increase was null and void.  We appealed but just heard today that our appeal has been refused.

We have instructed bailiffs but property being in London, we are still waiting to hear from them.  Tenants moved in on 25th Feb 2023; it is almost 1.5 years and we are still trying to get rid of them.

Planning on sending another Form 4 rent increase, new rent to start next month (just in case they are still there – hope not!)  I guess it could be worse – at least tenants paying rent (although below market value) and fingers crossed bailiffs will eventually attend....

Any comments or feedback always welcomed

jpkeates

Why was a £100 rent reduction agreed?
Why did you appeal the tribunal decision that looks to be correct?

ckurimbokus

We increased the asking rent by £100 when the previous tenant left and as this new tenant seemed good and was a lone parent with 3 adult children pleading financial difficulty, we thought we'd leave it as what we had been receiving.  Yup stupid, as my daughter said you are running a business, not a charity.

We appealed for 2 reasons - Firstly, our legal friend said that technically, as there was no time specified as to when the contract was signed, it could be deemed that the year and 1 day could fall within the realms of the time scale - splitting hairs but ....
Secondly, as landlords, we have had a bum deal all round and we wondered if the courts might be able to exercise some discretion on this.

jpkeates

Thanks, both make more sense.

If it were me, I'd start a money claim for the court and bailiff fees (while you know where they're living). A letter before action demanding both are paid and then an online claim.
They probably won't pay, but the ccj will bite them in the backside down the line (and might warn off other landlords down the line).

But I am a fairly vindictive and small minded person.

ckurimbokus

Thank you for this, jpkeates.  It makes sense for this to be the next thing to do.  I will keep the forum updated