UK Landlord Forum / Life

I'm a new landlord and stepped in a nightmare. Took over a sitting tenant, thinking it would be a good idea. It wasn't. He has been late or in arrears with his rent every single month since last August. He is currently 2 months in arrears. He sent me his notice (in a text - is that an accepted way?) and now demanding his deposit.

When I said no, he needs to pay his arrears firsts he started throwing things at me about damp and his asthma etc (I bought a new boiler 2 months after I took over the tenancy. I'm new and stupid I know)

A huge problem I have is that I registered his deposit (10 days) late and before I could do anything legal I'd have to send him back his deposit in full.

I am really at loss at what to do. Please share your wisdom. I don't know if I should cut my losses or persevere and go to court.

He sounds like bad news.  The best bit about this story is that he wants to leave.

If I were you, I think I'd tell him he can have his deposit back as soon as he's handed you back the keys.  And I'd have a locksmith standing by ready to change the locks as soon as he's gone.

You need to be prepared for him to come back demanding more,any time within the next 7 years.Whether it is worth you pursuing the debts through court depends on his income.If he is self-employed, on benefits or low earnings it could be pointless. I think I would be glad to see the back of him,give back the deposit and fingers crossed that will be the last of it.He may not know he can get more from you,but he soon will know if he seeks advice about a small claims action.Good Luck.

Thank you, I came to this conclusion too. When I offered though he said he'd post me the keys (right, sure). I'm dreading to think what condition the property is in.

Unfortunately I mentioned that he needs to pay his arrears and now he's saying he won't pay at all and I have to give him the notice for him to move out. Absolute nightmare. I don't know how to convince him
to meet me.

This isn't uncommon when the tenant's been to see a district council housing officer about getting a housing association tenancy.  They might have told him that he can't get social housing unless he's "homeless" -- and they define "homeless" to mean "has fully exhausted the legal procedure for eviction".  In other words, he might want you to take him to Court and formally evict him.  In that event, (a) he doesn't need a reference from you, and (b) he has no reason to pay any rent to you ever again.  Issue him with a section 21 notice immediately and seek accelerated possession.  I'm sorry, but I'm afraid this is going to take a few months.

He's two months in arrears, I can send him a section 8, can't i? That will shorted the time a little.

You can send him a section 8 if he's two whole months in arrears, or you can issue a section 21 for accelerated possession and go to court for the arrears separately.  I've only ever done the latter because I prefer the accelerated possession process (you can't do accelerated possession for section .

I see, I didn't know that. I'm scheduled to speak to a solicitor tomorrow. I'll ask him about this too. Thank you very much for answers and support.

Development... scumbag moved out. Beforehand I refunded his deposit, preparing to send him his notice and the day before I was going to send it he sent me a text that he moved out and left the keys in the door.

He left EVERYTHING in the flat. His furniture, his dirty underwear, his mouldy plates, his court papers from the time when he was shoplifting, papers from dept collecting agencies, you name it.

I changed the locks on the day. Then I texted him that he needs to remove his shit within 14 days. No answer of course. My solicitor says I'll have to have him tracked down (for money of course) and send him a letter to that address about his possession otherwise I won't be able to protect myself should he get himself a solicitor.

What are your thoughts about this?

Also, just out of interest: he's almost a grand in arrears. Provided he is pretty much a criminal, would you go after him
for the money or just be happy to see the back of his?

I would let it go. I would go quiet. From your first post you admit to having a small Deposit protection failure. Don't poke the bear. Because that bear might come a-calling anyway... don't give it [extra] reason to. That's just me, though...

Another reason is the inference I'm making of him being a criminal (possibly petty) and I would focus on the future, rather than the past, and try to get your property back into a let-able state and aim for a higher calibre of Tenant next time around. Doing your own viewings (as well as all the checks) would be a good piece of advice for you to follow, if possible.

Consider it an expensive training course you just went on.

I concur with Hippogriff but he left two questions unanswered.

Quote from: KatC on June 02, 2019, 08:10:03 PMI changed the locks on the day. Then I texted him that he needs to remove his shit within 14 days. No answer of course. My solicitor says I'll have to have him tracked down (for money of course) and send him a letter to that address about his possession otherwise I won't be able to protect myself should he get himself a solicitor.

What are your thoughts about this?

Your solicitor is right.  I gave some advice to another person in a similar situation recently, so rather than type it all out again I'd like to refer you to another thread:-

https://www.landlordforumproject.co.uk/landlord-advice-help/surrender-of-tenancy-what-to-do-with-possessions/

Quote from: KatC on June 02, 2019, 08:10:03 PMAlso, just out of interest: he's almost a grand in arrears. Provided he is pretty much a criminal, would you go after him
for the money or just be happy to see the back of his?

From everything you've told us about this character, I wouldn't spend any money on the Court fees to pursue his debt.

Thanks very much both. As I have no contact to him I tried to find his address by instructing a tracing agency so I can send him that letter. But they haven't been able to locate him. So I'm a bit stuck. All his shit is bagged up and I'm in the process of making the flat ready for being put on the market again. Would you keep his stuff still? Not that I have anywhere to put them..

Personally, I'd hang onto it for another few weeks.  Got a loft or shed or garage you can keep it in?

Don't waste any more money on tracing him.I would keep his stuff somewhere for a bit longer,then off to the tip with it.Hope you have much better luck with the next person.

Thank you. I'll find somewhere to store his things for a few more weeks then.