UK Landlord Forum / Life

Hi  I have a tenant that is a problem I gave him a 3 yr lease as references were good turners out they were false and phone no were friends not landlords in the tenancy I have a break clause that says.     That either side can give 30 days notice  to terminate the tenancy  I want to give him notice he has been there 22 months I tried to evict but failed as he paid areas up before going to court but has ripped  new carpets up and thrown them out I have tried selling the house but lost the sale because of the tenants please help

When are the break clauses?

It isn't on the contract just says either side can give 30 days notice so can I give them 30 days notice to leave they have been there 22 months  and done loads of damage and in areas but not enough to get them out

Mary

This makes little sense.

if it's a 3 year agreement, it is for 3 years.

If it's a standard AST tenant gives a month, you give 2.

If you took it to court on a section 8 rent arrears, you lost as he paid you the rent.

Just relax I would say, if they keep paying the rent, deal with the damage when the tenancy ends.

Make sure your deposit protection is in place.

Read your serenity prayer, and focus on getting your details straight.

Are you using an Agent, and if so is part of the mis-information coming from them?

I had just lost my husband and put it in estate agents hands but at the last min after I had moved the girl who had done it all and told me references were great  he was in his own business and she worked in a bank she left the firm but took every thing with her the agents said they knew nothing about these people but had me on there books they were in the house by then as I gave her keys when I left  so I didn't have a ast when they moved in agents didn't want to know as she had gone so I did ast of the internet as I was 600 mile away and didn't know how  to go on she had said it would b for three yrs as they wanted the children to stay at the schools so that's what I did not knowing anything about renting out but it has been hassle ever since they are on benifits  and I get some rent just before the 14 days after the rent should have been paid but they are in areas when I took them to court it wasn't just for rent there was a no pets policy at all but they had 3 dogs cats and rats and dragons they had removed brand new carpets and thrown them out I'm having to get a gardener in as the garden is that bad I'm getting complaints he took the lock off the loft  that I had put on and they have been in loft I had to remove my things out of there there are problems all the time and this month I have solar panels on the roof and I asked for a photo of the reading and it has not generated any units so I'm having to go down but it's I want it in writing so I have sent a registered letter I asked them to remove any thing of there's out of the loft as he would say the electrician had broken some thing or other and then he said b careful when u come in the garden is over grown and u don't know what will happen it's veiled threats all the time  I'm in my late 60s and been close to suicide with this man I'm on antidepressants it was bad enough losing my husband of 42 yrs  but the hassle he is giving me  all the time is unbelievable  and the solicitor I used was supposed to b a specialist in removing bad tenants but made a mess of it in court

Quote from: Mary on June 24, 2014, 07:45:07 AM
  I'm in my late 60s and been close to suicide with this man I'm on antidepressants it was bad enough losing my husband of 42 yrs 

Mary, Mary, Mary, please get some professional help.  You can't let a house that you rent out drive you to suicide.  This is one person out of 7 billion that are on this planet.  The house is bricks and mortar.  What are your plans for the house?  Do you intend to pass it down within your estate when the time comes (which is a long way off) Do you have ANYONE in the family who can take the house over for you?  Maybe a younger relative?  If you intend to pass it down, do it now to that person with the proviso that you retain the income profit.  They get an asset in years to come, you get rid of the stress and the problem but retain the income.  Seems like a very fair arrangement to me. 

Mary, that is very sad to hear. God Bless you.

With Regards to your house, find a new Agent, tell them you want them to handle the eviction and putting the house on the market.

Sell the house, get the money, go on a cruise and find a new soul mate, sod leaving it to anyone, spend it!!

It is impossible to manage a house from 600 miles away, even with an Agent, do yourself a favor and get shot, and enjoy life!

Please?

Hi  I was told I could use the break clause as on the gov .com it says u can after 6 months  the solicitors who failed me on the first possession order by not getting the sections right have told me today that if this doesn't work I won't b able to get them out after the 3  ur sis up because he says I can't serve the section 21 that I have sent telling them to leave at the end of tenancy  because I didn't put the deposit in to tps in the first 30 days I'm afraid I totally lost the plot with him I have cried for the last 3 hrs I told him I could not cope any longer I was already on anti depressants and I'm on breaking point I kept thinking if I can just get through to next sept it would b over now the solicitor says I can't get rid because I didn't pay the deposit in before thirty days are up I can't cope with it all and to riptide sorry there is no one to pass it to my son is in the forces and away more than home so can't give it to him even though he owns half that his dad left him when he died and his wife has enough on without the tenant from hell  my son wanted the house when he comes out  but  if I can't get him out I don't know where to turn tried 2 agents and they won't take it on  I'm at the end of the rope can only see this going one way if I'm gone does that end the  ast  as that's the only way out that I can see thanks for the trying to help

If you have had a deposit and not protected it, he is right. BUT you can simply give it him back and then issue a section 21.

Your solicitor should be helping you with this.

And dont take it personally, it's a business and a business issue, if you were at work with a problem, you would let it get to you like this would you?

I did protect it but not in the thirty days and I know u said it's business put it's personal to me it was my home but  the damage that's been done all my carpets ripped up thrown on the drive in a heap with other things that I cannot make out what they are he sent for the environment to come out saying he was getting electric shocks of the consumer unit  when I had just paid 3 hundred pounds out again for an electrician to redo the loft as the children had been in the loft with there rats and left them up there which resulted in damage to cables and my personal things that I left in the loft this was locked off with a proper lock but he had broken it off when the environment man went out there was nothing wrong with the electrics he wanted him to make me have the lights in the loft reconnected and I had told the electrician to disconnects and make safe  and sure that the tenant could not reconnect  them and the man from the environment told him that the pile of rubbish on the drive had to b got rid of and he had to get pest control in to catch the rats .he then had environment. Man out again saying there was damp and I had refused to buy an electric dehumidifier but the environment. Man had checked the house for every thing so knew there was nothing wrong with it then it was fridge freezer the list goes on the environment man got so fed up that every week I was being reported for things that there was nothing wrong with he told him they would not come out any more  unless he could prove there was some thing wrong not just phoning them up that's why I don't know where to go or what to do

Well Mary, the answer isn't hear my friend.

You need to get rid of this asshole, and it isn't going to be easy, or quick.

You need to find a solicitor who is willing to manage this process of eviction. This tenant sounds like a professional winger. BUT there are two sides to every story.

Are you UK based / English as a first language? 600 miles is like more than Lands End to John O Groats away!