UK Landlord Forum / Life

hi,i have posted before about this family member who rent a house from us.
i have heard today he has taken legal advice and has said a letter we sent him is a threat. we wernt threatening him,just reminding him or clauses in his contract,and that he will be in breach if he dosent comply..we are worried and awaiting a solicitors letter now. i have posted the letter we sent for you to read and any comments,or any advice will be very happily welcomed.


To  Tenant   ................... to whom we have a ASHT assured short hold tenancy with.
Rent is due last week of every month, re your contract
1.1.1 Pay the rent in full and on dates agreed. Which is the last week of the month.
This is notice to you that there is no more building works to be carried out on our  BTL  Buy to Let Property that you rent from us
As Written in your contract  03/04/009

4.2 The tenant Cannot in any way alter the Property or Items in it.

As from the month of August we are informing you we Will be calling round once a month to do housing checks, inside and out.
This is in your Contract  dated 03/04/09
 
5.1 The tenant must allow the Landlord access to the property at any reasonable time.
The Landlord may enter the property at any reasonable time for purpose of carrying out Gas Safety Inspections, carrying out any other required by law, ect
We will of course let you know 24 hours before as we are obliged as landlords. This will be done By Phone or Letter.

We also require Keys to our property, as written in your contract.

5.1   The landlord is entitled to have and retain keys for all the doors to the property.
We will of course collect the key when we come to inspect in August.

5.3 The Tenant must make the Landlord aware of any defect or disrepair which is the landlords responsibility to repair as soon as the tenant becomes aware of it. Failure to do so may result in liability to pay for further damage caused as a result of any delay. The tenant should follow up any verbal notification with a letter outlining the disrepair.
7.5
An Agent will be instructed for an inspection of the house for purpose of obtaining a, Energy Performance Certificate. You will be required to allow access. 5.1 of your contract.
Failure to follow this is a Breach of your Contract                      4.2
Failure to allow access is a Breach of your Contract.                  5.1
Failure to give a Key is a Breach or your Contract.                    5.1
Failure to pay your Rent on time is a Breach of your Contract.  1.1.1


thats what we sent
thanks  kim

Hi Kim,

       He really does sound terrible, and your odv not in a nice situation. However you havent done anything wrong so I wouldnt stress out about him taking legal advice. But now is the time for you to take legal action as he doesnt seem the cooperative type hence his reactions. I think you have done the right thing so far by outlining the breaches in his agreement.
My only advice would be only to communicate with him via post or through a solicitor, making sure its  recorded delivery.

Hope all goes ok and keep us all updated.

Fee.

hiya
thanks for your reply,,it sure does help getting feedback to problems.

i have booked asolicitor for monday,so we will see where we  stand then,,and your right  he is a nightmare alright!   we are hoping because of the breaches he has already made,,ie  not allowing us near the house,changing the locks,not paying last months rent,and instaling cctv without our consent that ww will be able to issue a section 8.
fingers crossed
i will keep you updated.
thanks again
kim

hi

we went to see the solicitor and told him about our tenant.he suggests to save loads of money  we ourselves issue a section 8 notice to quit.  we have grounds for it using  10 and 12  and 8 if he does not pay rent again by the end of the month.
im a bit confused though reading the section 8 form,it says we have to give 2 weeks notice!!  does that mean  2 weeks to get out,,or does it mean a minimum of 2 weeks has to be given?   since he has children,we were going to give him 2 months.  then if he dosent leave  apply to court for re possession.

any ideas please

thanks  kim

This may sound a bit like 2 + 2 = 79.83 but i'll speak my mind.....

Building work you cant see,
CCTV Cameras
Very Paranoid Person

=

"Cannabis Factory" / Ganja farm


I'd be tempted to get the police to have a poke about.

hey

thanks for reading,,but i honestly dont think its that,,but paranoid  deff.
were seeing the solicitor again next week,as this has to stop.its making my hubby very ill..our home is secured on this btl house and we are struggling to meet both mortgages.regards  kim
ps
still need the answer to what time scale this section 8 means.

Hey Kimmy,

From what I'm aware, the amount of notice required to be given to the tenant will vary depending on which Ground you want to evict the tenant on. If the landlord is relying on ground 2, two months' notice must be given. If the landlord is relying on grounds 8, 10, 11, 12, 13, 14, 14A, 15 or 17, two weeks' notice must be given.

I hope that explains a few things.

Hopefully this will all be over quickly! Best of luck.

  hey thanks for that.
i think we will want to give him 2 months,regardles of which ones we use as he has 2 small children.

he has been very sneeky and paid some of his rent so we cant have 8  but he is still one month behind so we cn use 10,and 12,for certain.
will let you know what the solicitor thinks is best on friday.
thanks,,it helps having people to talk to.
regards  kim

F*** him - section 21 him. This is used to get back your property without any reason. Just make sure the dates are correct and the notice is given at the correct time.

Jools