SMF - Just Installed!

Someone please help!!!!!

Started by HELP!, March 24, 2011, 03:32:21 PM

Previous topic - Next topic

HELP!


I wonder if anyone could offer me some advice please?

I have rented out my house as I lost my job and couldn't afford to pay the mortgage. I moved in with a friend for lower rent so that I could afford to keep my house.
I registered with an agency for them to find me a tennant, paid them for this service. They found me a tennant and she moved in on 5th November 2010.
Every month, the rent was late by 5 days, and then march's rent never came. I chased it and received an email back saying that the lady couldnt afford to pay this month, but would pay double the next.
This left me suspicious, so I started investigation work. Starting with the land registry of her previous property she rented, I found out who it was owned by and paid them a visit. Turns out that this person screwed the last landlord over and owes then 6k. So that means she gave a false reference to the agency.
I also found out that she was claiming housing benefits when she was living in her last property and student benefits. She is now claiming benefits as a single parent, but has her boyfriend living with her!
The last landlord went through an agency and was given false references too. She is having to sue the agency to try and get back some of the money she's lost.
The contract I have is for 12 months, with a 6 month break in the middle BUT notice has to be served on the 4th month, which would have been 5th March. I missed this because of the patten of late payments.
We have also found out that this lady has changed the locks.
Is there anything I can do to get this woman out? I am so tempted to break into my own house and throw her stuff out on the street but I'm scared I will be arrested and that she will end up back in the house and there will be nothing I can do.
Please can anyone help me with any information they have!!  :'(

kim

If your agency was contracted by you to provided references they have a legal obligation to check them. You should take legal action against them. Go to the small claims court-it is an easy process and will cost you only £50. Collect as much evidence as you can to prove that they didn't check the references and how easy it was for you to find the evidence that this was a tenant with a bad history.You can claim up to £5000 in damages.
Write blogs naming and shaming this agency- they can only sue you if what you say about them is untrue!

Clearly you will use a different agent in future but for your own peace of mind when you receive copies of the references from the agent always check them and insist you have a copy of all paperwork before the lease is signed. Insist you sign all leases not the agent and check that everything is in order.. there is a difference between deligating work and sitting back and doing nothing. Even if you use an agency (and if you are not a professional landlord you should use one), you are still captain of the ship and the buck ends with you asd you are finding out.!  You should really take out rent guarantee insurance-its expensive but its worth it- some letting agents offer this to clients free as part of the package. And the rental guarantee companies always insist on first class tenant referencing.
As for evicting this tenant, persistant late rent is grounds for eviction. if rent is more than 14 days late for 3 consecutive months or for more than a third of the time over the period of the tenancy. Of course, if the rent is more than 2 months late thats grounds for eviction too. Dont be frightened of this process. You will undoubtably be out of pocket over this- Thats why you need rental insurance in the future-the cost is worth it. Did the agent take a deposit? Make sure you get this when tenant finally leaves.
Do not throw your tenant out or change the locks. You will be arrested.  However, you should do an internal inspection of the property, you will have to give 24 hours written notice. State that you are carrying out a maintenance visit and ask her to bring to you notice anything that she is unhappy with. If you can take photos. If you are diplomatic and nice she is more likely to let you in.(Dont mention rent arrears) If the property needs maintenance for which landlord is responsible , do it. if it is in a state due to the tenant, send the tenant a written list of the problems given her 30 days to rectify.Then do another inspection. She has to allow you entry by law. If you dont want to do it, make sure you agent does it-they at least owe you that.
If the property has been trashed  that is another grounds for eviction.
Tell your new agent you wont take Dss. There are many fantastic tenants on benefits- the problem is how the payments are made-its too unreliable :usually late, always to the tenant. Thats not how to run your business (If all landlords boycotted DSS, then the council would have to change their ways- That would benefit landlords and tenants)
Tenants like you have, have made fleecing amateur landlords or crap letting agencies their profession, make sure youre not the weakest link next time!