UK Landlord Forum / Life

We are having troubled tenants and I need some advice. We currently rent out our property privately using a short term tenancy agreement.

They messaged me a week ago saying they are wanting to move out because they are unhappy with the property condition.
According to them they paid a valuer to come in and value the property and to pick out the faults.

They said they the property has subsided and suffers from extreme damp and cracks and want it sorted.
We has previous tenants before them in and reported no such problems and was happy with the property.  (family of 4).
He gave me a list of all the structural problems but there is no official report regarding it. (word of mouth).
Because they are leaving am I obliged to fix the problem (if there is a problem)?

also as we can't afford to get an expert out to inspect it what other options do we have?

I'd offer to let them end the tenancy early and be rid of them... it sounds like they are preparing for this and I would not want someone in my property who does not want to be there. Ignore the request / demand for repairs.

If there are issues with the property, get them sorted before the next Tenants move in.

Agree with Griff.

Tell them you'd accept a surrendered tenancy at any point from now going forward.  Then wave them goodbye when they leave. 

Could they be prepping up for a deregulation, I'll stay here for as long as I want scenario?

Hi update on the situation. We have issued a section 21 to not renew. Now they are avoiding paying the rent and broken the tenant agreement by not paying the last of the deposit. ( I allowed the deposit to be paid in 3 monthly installments). I put on the agreement that the deposit should be paid on set dates which now have passed. But I have now protected what deposit I do have.

Because of the agreement being broke can I issue a section 8 giving 2 weeks notice?

Oh jeez.  From the day you received the first deposit payment to the day you protected that first payment, was that less than 30 days?

Quote from: Riptide on May 01, 2015, 11:14:47 PM
Oh jeez.  From the day you received the first deposit payment to the day you protected that first payment, was that less than 30 days?

No. I can't protect partial payments. In the agreement once the full deposit has been received then it will be protected. The day after the final payment was not received I protected what I had.

Quote from: tdsmithj on May 02, 2015, 05:31:17 AMI can't protect partial payments.

You can. You should. You seem to have gone about this wrong.

Yes. You should have protected each element of the deposit as received. To be honest I'd avoid taking deposits in instalments.

You say the have 4 months left. That means they've paid over 8 months.

Quote from: CaveDweller on May 02, 2015, 07:08:36 AM
Yes. You should have protected each element of the deposit as received. To be honest I'd avoid taking deposits in instalments.

You say the have 4 months left. That means they've paid over 8 months.

I was told the deposit scheme only allowed one off payments. But guess I was informed wrongly. I know my mistake. They paid the deposit over 3 months. 3 months left on tenancy.

Curious as to who told you that? As it'd need to be an interesting person, like the Judge your case might end up in front of, for it to make any difference.

A Section 21 is always preferred over a Section 8... less uncertainty (if everything has been done correctly).

You can protect the FULL deposit on day one, if you insure it. £22.20 for £650 deposit over 6 months....

Pay the full premium, get protected, if they dont pay it all, then you dont have to pay it back.. Simples.

Quote from: tdsmithj on May 02, 2015, 05:31:17 AM

Quote from: Riptide on May 01, 2015, 11:14:47 PM
Oh jeez.  From the day you received the first deposit payment to the day you protected that first payment, was that less than 30 days?

No. I can't protect partial payments. In the agreement once the full deposit has been received then it will be protected. The day after the final payment was not received I protected what I had.

Oh dear.  You've not put yourself in a good position.

From the DPS website;

"Do you accept partial submission of deposits?

Yes, if your tenant(s) pay for their deposit in instalments, you can secure it with us in instalments. Once the initial payment is made and a deposit is secured with us, you will be able to add each instalment as a new 'increment' against the deposit. To do this, you will need to log into your online account, view the relevant deposit details and select 'add additional payment to this deposit'. Once you have selected this option you will be able to pay for each increment by bank transfer, debit card or cheque."

https://www.depositprotection.com/help/browse/custodial/agent-landlord/deposit-submission

Quote from: Riptide on May 04, 2015, 11:51:18 AM

Quote from: tdsmithj on May 02, 2015, 05:31:17 AM

Quote from: Riptide on May 01, 2015, 11:14:47 PM
Oh jeez.  From the day you received the first deposit payment to the day you protected that first payment, was that less than 30 days?

No. I can't protect partial payments. In the agreement once the full deposit has been received then it will be protected. The day after the final payment was not received I protected what I had.

Oh dear.  You've not put yourself in a good position.

From the DPS website;

"Do you accept partial submission of deposits?

Yes, if your tenant(s) pay for their deposit in instalments, you can secure it with us in instalments. Once the initial payment is made and a deposit is secured with us, you will be able to add each instalment as a new 'increment' against the deposit. To do this, you will need to log into your online account, view the relevant deposit details and select 'add additional payment to this deposit'. Once you have selected this option you will be able to pay for each increment by bank transfer, debit card or cheque."

https://www.depositprotection.com/help/browse/custodial/agent-landlord/deposit-submission

I am aware of this now. But at the time the solicitors did not mention regarding this and the contract says the deposit will be protected once the full deposit payment has been made. The deposit is now protected from what I have received. Nothing more can be done about this. Its no use telling me something I have no control over now.

I have issued both section 8 and section 21. Please offer me better advice instead of stating what I have done wrong as I am new to being a landlord as its not for good reasons I am one.

My advice from the 3rd post still stands.  Have you offered them to end the tenancy early and move on?

Quote from: Riptide on May 04, 2015, 05:18:41 PM
My advice from the 3rd post still stands.  Have you offered them to end the tenancy early and move on?

Yea I have but they won't move out till tenancy ends. Which is another 3 months and thats if they move out.

Your first entry said your Tenants messaged you saying they wanted to move out, you then offered exactly this and they declined? His exactly, as that doesn't exactly add up, does it? They asked for something, it was offered, they said we don't want that now. If they will not move willingly, via early surrender, then you're likely stuck with them until at least the fixed term is up. I'd read they were paying the rent until you issued the Section 21... obviously they are still liable, make it very clear to them that this is the case and make it clear you will pursue them for any outstanding rent to the point of a CCJ, which will make it difficult for them to rent or buy a place in the future. I would not do nothing but be patient, I'd take the fight to them... just be very wary about that deposit obviously (it's being focused on 'cos it might come back to bite you). There's no silver bullet, unless you want to 'incentivise' then... no guarantee.

Quote from: Hippogriff on May 04, 2015, 05:53:20 PM
Your first entry said your Tenants messaged you saying they wanted to move out, you then offered exactly this and they declined? His exactly, as that doesn't exactly add up, does it? They asked for something, it was offered, they said we don't want that now. If they will not move willingly, via early surrender, then you're likely stuck with them until at least the fixed term is up. I'd read they were paying the rent until you issued the Section 21... obviously they are still liable, make it very clear to them that this is the case and make it clear you will pursue them for any outstanding rent to the point of a CCJ, which will make it difficult for them to rent or buy a place in the future. I would not do nothing but be patient, I'd take the fight to them... just be very wary about that deposit obviously (it's being focused on 'cos it might come back to bite you). There's no silver bullet, unless you want to 'incentivise' then... no guarantee.

Great thanks. Something not right with them. The tenant told me there was a drugs raid at the property a month ago and smashed the door in. I only found this out a few days ago. He says it was for the previous tenants but told neighbours a different story. I saw the damage and rang the local police but won't tell me anything due to the data protection. How can I find out if my tenant has dealings in my property? I know its messed up but there is so much more I can say about the family.

Quote from: tdsmithj on May 04, 2015, 06:54:17 PM

Quote from: Hippogriff on May 04, 2015, 05:53:20 PM
Your first entry said your Tenants messaged you saying they wanted to move out, you then offered exactly this and they declined? His exactly, as that doesn't exactly add up, does it? They asked for something, it was offered, they said we don't want that now. If they will not move willingly, via early surrender, then you're likely stuck with them until at least the fixed term is up. I'd read they were paying the rent until you issued the Section 21... obviously they are still liable, make it very clear to them that this is the case and make it clear you will pursue them for any outstanding rent to the point of a CCJ, which will make it difficult for them to rent or buy a place in the future. I would not do nothing but be patient, I'd take the fight to them... just be very wary about that deposit obviously (it's being focused on 'cos it might come back to bite you). There's no silver bullet, unless you want to 'incentivise' then... no guarantee.

Great thanks. Something not right with them. The tenant told me there was a drugs raid at the property a month ago and smashed the door in. I only found this out a few days ago. He says it was for the previous tenants but told neighbours a different story. I saw the damage and rang the local police but won't tell me anything due to the data protection. How can I find out if my tenant has dealings in my property? I know its messed up but there is so much more I can say about the family.

A little update. Talked to the police. Has been illegal activity at the place and they said I can serve a section 8 ground 14 notice and no problem evicting them.
What do I need to do next?

I'd ask if your AST allows you to use section 8 ground 14, but if it doesn't then it's out of your control and it's no use me telling you about something that's out of your control as you won't find it useful.

Ground 14

Used when the tenant has caused problems with neighbours, visitors or anyone else, has used the property for illegal or immoral purposes and received a conviction for this, or has received a conviction for an indictable offence in or near the property.

Grounds 1 to 8 are mandatory, meaning if the landlord can prove to the court that they apply then the court must grant the possession order. The other grounds are all discretionary.

(all from wiki not me)

Quote from: tdsmithj on May 05, 2015, 09:58:53 AMA little update. Talked to the police. Has been illegal activity at the place and they said I can serve a section 8 ground 14 notice and no problem evicting them. What do I need to do next?

Forgive me, but ain't that bullshit? Police are expert in eviction matters now, are they? Police share information about an address to anyone who asks them, do they? As Riptide says - the claim - "no problem evicting them" just doesn't jive with Ground 14 not being a mandatory Ground.

I'm out.

Why the fudgin hell are you gentlemen still feeding this troll, when he demands "better advice"

I have some advice.

If you want better advice, and you have no manners, go and pay for it.

Well, quite.

Manners cost nothing. 

wow loads of advise all arranging around legalities and what is allowed and not allowed.
My advise is this.. Do you still have any sort of talks between yourself and your tenants? NEGOTIATE!! call them in to your office sit them down calmly what are the repairs gnna cost would it be cheaper to do the repairs rather than go all out legal on them your already loosing rent! and will continue to bleed cash until this is resolved would it not be cheaper to do begin repairs under the instruction that any damages that occur after their repair will come out of there deposit! did you do a full inventory if so did you take pictures?.
most of the time tenants get on their high horse cause they feel ignored and taken for granted. My advise get the numbers right negotiate a deal between yourself and the tenants and have them move amicably saving you time and money..