UK Landlord Forum / Life

Dear all
Got myself  a bit tangled up here.  Put up with annoying tenant for two years...he became more and more demanding and it bordered on harrassment. he paid rent on time but has caused a lot of damage to the flat.  So...his old contract expired August 30 th. We rstill re-signed (why did I do it?!)  a new twelve month AST, proper AST created by an agency, which had a sixth month break clause. problem is I manage the flat now and adapted the old AST. By altering the names and years.  except that Mr picky had demanded I accept his rent on the 1st, not the 9th, which was the original data on the AST.  Rent comes in on the 1st.  I re protected the deposit in Dept 1st and sept 1st is when the new contract begins. problem was like a moron if forgot to alter the six month break clause data from the 9th to the 1st. Have I invalidated the whole AST? I really really want them to go on March 1st after I serve them a section 21 on man 1st, if not earlier, which I thought was allowed?  the tenant is a total pain in the ass and is refusing to repair or maintain the flat, and the sooner they go the better for us all.  Please give me some wise advice...dreading trudging to a solicitor over this. I am not serving a section 8 as they will contest it and I figured I'd have a better chance of recovering my repair costs via tenancy deposits scheme...

Also..,if they did one full year with you and six months of the second one year agreement, surely I can claim back for damages they created during the first contract as they ran concurrently? I kept all the receipts but if I had challenged him for repair costs he would have got very nasty.  Wish I'd never resigned...husband is very sick and I wanted one less thing to worry about...ha!

Quote from: MrsGrumpy on October 23, 2014, 05:27:48 PMthe tenant is a total pain in the ass and is refusing to repair or maintain the flat...

Forgive me, but isn't this your job..? With the properties I let out I look after the repairs and maintenance... the Tenants just keep the places (hopefully) in good order. Maybe that's not what you meant, but it raised my eyebrows when reading it.

If the Tenant pays rent on time... just consider avoiding the hassle involved in finagling dates, serving Section 21 or what-have-you involving Solicitors - just wait a little longer and opt to not renew the tenancy after the fixed term comes to an end. Yes, the property might be in a bad way then, it might be in a bad way now, but how much worse can it get in the intervening six months? There might be some de-stress for you in just letting things go until this AST completes its fixed term. You can ignore any unreasonable demands coming your way and take some pleasure in doing so. Just a thought...

Might mean a bigger job to get the place ready for the next Tenant, but you'll have time to leisurely plan for it properly and do things right.

Aw thanks so much for getting back to me on this.  Good advice.  I need to ponder this because every fibre of my being wants him out ASAP! he resigned September 1st so I would have to wait until July to serve the notice.  I've already informally told him that I want to sell the flat ( lie, just want to out him off the scent and give a massive incontestable reason why he has to move) but it was verbal and I haven't served anything formal yet. Kind of hoping he will go himself and have Jan 1st notice, which would mean he would acceot the dates on the break clause?

My worry with doing the stress free long term view you advise is that my once beautiful garden will resemble the amazon jungle and by that point costs would exceed deposit amount.

I could also use the new year to refurb the place and get in better tenants at a higher rent, but either way seems to look like stress and costs.  in your experience, if the landlord goes quiet in the tenants. Having heavily intimated that they seek repossession and use of the break clause, do most tenants jump ship before they are pushed? if he went willingly that would be great but it's a case of who would crack first before January!

Waiting it out to the summer is becoming very tempting.  If you have any more handy advice I am all ears. Thanks xx

Sorry Mr Hippogriff for my crud typing...what I meant about the repairs are that the tenant isn't repairing breakages and damage he created. Obviously I repair things like the boiler and what have you.  My big grief with him is that he signed up in the AST to maintain the garden fully, which means mowing the lawn, trimming the three hedges there, and minimal pruning.   I have provided garden waste bins for him and all the tools, but he has in fact become a tool himself and does nothing to maintain it.  As the flat is in a garden suburb it's surrounded by nice trees and plants and it can get out of control very quickly.  Do far I have had to do the work with a trade gardener, despite recovering from heart surgery, and even with me assisting it has cost me at least £700, because of waste removal costs as well, and Gardeners charge a lot round here.  Whereas if the tenant had moved his backside and followed the signed agreement, a bit of gradual weekly maintenance and using the green waste bins each fortnight would have kept it all under control. I used to live in the flat myself and with hindsight, landlords are so lucky if they can rent to people who like gardening!

Hmmm.

I do understand your emotional attachment to the gardening thing, but it smacks to me a bit, just a bit of you wanting to micro manage your tenants life.

Unfortunately as landlords we have not got this luxury.

Oh no, really is that how it looks...oh God!  No it's honestly just that he is meant to maintain this garden and he isn't, so I'm paying out way too much myself when he undertook to do it as a tenant.  It was the deal breaker and he assured me he would manage it.  Special clause in AST.  Then nada.  Feel a bit cheated, tbh

I am sat here with a painful back, after falling off a ladder two weeks ago.

I just wonder if his circumstances may have changed too?

I would just ask why you feel you need to spend the money on the garden?

Wouldn't you be better off waiting, seeing whats needed when he leaves and agreeing a one off charge from his deposit?

I get it reflects on you, with the neighbours, but really I think you would be better spending that sort of money on a Holiday.

Oh blimey, sorry about your back.  I am useless on ladders, which is one reason I try to get the tenants to look after the garden...well to be honest it's just the one hedge they need to use the stepladder for, but anyways...It's because there are quite a few trees and hedges and the longer they're left the faster they grow.  there are six flats in the building, all with these gardens, so the management company which I am Er lucky enough to direct has this agreement that we all maintain our plots.  And I am thinking of selling, in which case you betcha I will be cruising the med!  I had this fantastic  couple in previously who really maintained it so well...I just think if you sign up to undertake something, you should bloody well stick to it. But I won't be doing any more work now, deposit claim back here we come....hmm, shall I choose Thompson cruises or maybe Cunard?!!

me again...just re read your last bit of advice...afraid he is fully active and mobile, just not where if like him to be.  OF course injury is a different thing altogether. And I take on board your  point about different circumstances...

Think I'll go very quiet in him till December then serve a section 21 earlier, giving him March 1st as his last date in the flat...so he gets an extra month of looking. I think I'm allowed to serve the section 21 earlier, just as long as I get the dates right...official dates would  be man first. Two month before the break clause ends on March 1 st.  iI guess he could force it to court which adds on two months, possibly with no rent, hopefully accelerated repossession would kick in here as my paperwork should be correct.  it's just this date on the break clause.  Hmmm....would I be charged fines if they say my section 21 isn't correct, or would they just say " there's room for doubt here so let the tenant stay on until his AST ends"?  Starting to see the value of doing nothing.  Guess I have this rather ridiculous need to not let down the other flat owners and allow the grounds to look like a pikey encampment, but there you go.  ( reaches for gin bottle)