Heard it all now! our tenant WANTS a CCJ!!!

(20 Posts)
fatnfrumpy Fri 15-Feb-13 12:45:14

We are in the process of going to court to evict our tenant.
We have a luxury two bed flat. We were surprised that our single middle aged tenant wanted to rent it as it the high end of rental in the area.
We have had no end of complaints against him from the neighbours.
Mainly he is a drug dealer and has clients toing and froing all day and night.
He steals parcels that he signs for in other neighbours names!
He threatens violence etc etc
He has not paid any rent to us since Oct and has now told our solicitor that he is happy to go to court and be evicted because the council will give him a flat!!
This is an Algerian man who moved her last year, middleaged and has no dependants!
Deluded?

Allice Fri 15-Feb-13 13:48:02

What a nightmare, did your letting agents not check him out? I have a flat that I let out but he would never get through my agents credit check.

Hope you can get him evicted quickly, hope the flat isn't in too much of a state.

MrsJREwing Fri 15-Feb-13 14:13:32

Can your solicitor warn the council about this Man?

specialsubject Fri 15-Feb-13 14:23:08

hopefully deluded, although anything seems possible nowadays.

if this guy passed a credit check and referencing you have some serious questions to ask.

good luck with the eviction, hope you have suitable insurance.

NatashaBee Fri 15-Feb-13 14:28:55

He is probably correct, lots of councils say that if you leave your rented home without an eviction order (and sometimes if you leave voluntarily without waiting for the bailiffs to come and forcibly remove you) you have made yourself voluntarily homeless and are not eligible for help with rehousing. Shelter website will probably have some info (from a tenant's perspective).

Do you have any kind of insurance through your letting agents? Did they do a full check on him before letting the place to him?

Hes not a council tennant is he, or having HB? Why would the council help him then? The council do tell people to wait for eviction but they also stress you need to keep paying the rent whilst waiting for eviction.

I would say he is deluded.

Sorry, I mean they dont help people who deliberately do not pay rent and are private tennants, I mean not in receipt of housing benefit I think. But once hes evicted hes not your problem anyway. Hope you get it sorted.

DeltaUniformDeltaEcho Fri 15-Feb-13 14:49:22

The council won't help him until he is evicted however they are being VERY strict about being made intentionally homeless and most LA's will class not paying your rent as making yourself intentionally homeless. Especially if he hasn't approached housing benefit if he's struggling.

The most he's likely to get is a hostel or b&b whilst they process his case.

Most of the homeless people out there are middle aged men with no dependants simply because they council view them as the least needy in line for housing.

And after the court proceedings I wouldn't rate his chances for getting another private let!

You said it much better than me delta!

myfirstkitchen Fri 15-Feb-13 15:02:58

I thought if you get evicted for non payment of rent you have made yourself intentionally homeless which means the council have no duty to house you? Except if you have dependants - children - because then the council are housing the children and not the non rent payer.

How did he pass reference checks? I hope you get rid quick and there is no damage to your property. I would say however to check that your insurance policy has malicious damage cover. Many don't and if this person has damaged your property your insurance won't pay out - bitter experience.

PigletJohn Fri 15-Feb-13 18:30:07

if he really is a drug dealer, perhaps he will be rehoused at public expense even if you don't evict him.

Prison's the place.

What were his references like?

skandi1 Fri 15-Feb-13 18:59:52

You can contact the social housing dept after the court case and eviction.and inform them of his statements (get him to put it in writing or record him saying it).

If he voluntarily and deliberatly makes himself homeless, he will NoT be getting a council flat, nor will he go on the list and if he is very lucky he will get moved from bedsit to bedsit fleapit. If he is lucky.

I wouldn't inform him that you intend to do this. It will not make him move out any quicker and will probably encourage him to cause wreckage in your property.

I have had a similar experience with a tenant. I am sad to say that you are unlikely to see another penny off him and it could well be a few more months before the eviction is finalised.

Do check with the council if he is receiving housing benefit. They may pay it directly to you considering the circumstances.

HecateWhoopass Fri 15-Feb-13 19:03:28

Yes, councils do make you wait until you are evicted. If you leave voluntarily then they say you made yourself homeless. It stinks - but that is the reality of it!

However, they also consider failing to pay your rent or being anti social as making yourself intentionally homeless!

Plus he's a healthy male with no dependents. He's not a high priority group anyway. So yes, he's somewhat deluded.

Just evict him. Get your place back.

It isn't your problem where he is housed after that. You can find yourself better tenants and be rid of him.

jammybean Fri 15-Feb-13 19:52:21

skandi I'm pretty sure the council will not discuss HB with anyone apart from the actual claimant. Data protection. My FIL is going through issues with a tenant who has vanished but the council have continued to pay the rent. They won't discuss anything with him because as far as they're concerned he's not the claimant.

fatnfrumpy Sat 16-Feb-13 10:46:56

Still waiting for a court date whilst this tenant lives in our flat rent free while we carry on paying the mortage.
Pretty disgusted with the lettings agent tbh, we paid £500 tenant finding fee, they did credit checks references etc but won,t help now of course.
We were told he was new to the country so had no credit rating, they suggested a quarentor for the first 6months (his boss)
Told us he was a chef in an Indian restaurant on 40k
We took it all at face value however he said he wanted to pay us cash each month as he was having trouble setting up a direct debit.
Paid on time till we came to renew contract. We gave him 12months as he requested and bam he never paid since!!!
Quarantor only covered his first 6months. I called his boss and he told me he never worked there!!! So did the agents follow up on his references?
He is obviously very smart, rent out a luxury flat, pay up and be a good tenant until renewal and then screw the LL
He has wrecked the gream carpets and put fist size holes in two walls and doors.
I accept we will never see the rent money but I am worried that if and when he moves out he takes our brand new kitchen with him!
intregated applicences ie fridge/freezer, oven hob hood, microwave , coffee machine, washer/dryer dishwasher!!!
We were warned not to spend loads on a rental but wanted a top end flat for the professional and spent 15k on kitchen!!
We will probably sell once he is evicted although we will have to change the carpets which are less than 1 year old and fix the plaster doors etc.
As an offside doesn't he need a work permit to be here? He is from Algeria.
He doesn't leave the flat ever, neighbours say he is a drug dealer and have called the police so many times but they do nothing.

BlatantLies Sat 16-Feb-13 10:56:20

No advice but wanted to say you really have my sympathies. What an awful situation. There are a lot of crap rental agencies about.

Good luck with whatever happens

Artyjools Sat 16-Feb-13 17:15:41

What a nightmare, OP. I think you have a claim against the letting agents for breach of contract. What does the contract say they will do about checking potential tenants? In any event, it seems to me that they are in breach of the implied term to carry out the services they provided to you with reasonable care and skill (s13 Supply of Goods & Services Act). That being the case, they should cough up for all your losses.

If you have a solicitor acting for you in relation to the eviction process, why don't you ask them?

Good luck

fatnfrumpy Sun 17-Feb-13 10:44:51

Artyjools you are right unfortunatly the agents suggested we use their recommended solicitor to evict our tenant so hardly think he will encourage us to take action against them, besides I don't have the fiances or the stress spare to take on a national agent lol!
The best we can do is let otheres know what a poor service they provided and not use them in the future.

Artyjools Mon 18-Feb-13 12:16:36

OP, if the agents are clients of your solicitors, in my opinion the solicitors shouldn't be acting for you at all, since it is blindingly obvious you have a claim against the agents, and there is a conflict of interests.

Whilst I understand your reluctance to take on the agents, if the tenant has caused significant damage to your property, in addition to the lost rent, I can't see how you can afford NOT to at least investigate the possibility. Some solicitors give a 30 mins or so free consultation. Good luck.

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