Update on Tenant issues

[Fireflysingstheblues]

I posted about a fortnight ago , about issues with my tenant , damaging the property . We got some legal advice and have issued a Section 21 Notice .
Today I had the managing agent on the phone , asking for permission to give my number to the Council Housing dept , so they can contact me about the notice . I agreed , but i am not sure what they want to discuss . The section 21 is a no fault eviction , and at this time , we have no intention of pursuing the tenant for the damage to the property, we just want them to leave , before they do any more damage ( we have estimated they have caused about £5000 in damages ) . If i tell the council the reasons behind the notice , they may consider them to have made themselves intentionally homeless . Which means they are less likely to help with accommodation .

I want to tell the council the truth , but will this work against us .

[KingJoffreyLikesJaffaCakes]

Telling the truth is always easier.

[Fireflysingstheblues]

I know you are right , i am just doubting myself , and definitely overthinking it .

[scaredofthecity]

If they are eligible for council housing, the Council will wait till the last possible Moment to rehouse them, this means you will almost definitely have to instruct bailiffs to evict them. This takes time and money.

If they have to rehouse themselves there is every chance it won't need to go this far.

So for that reason I would be honest. But also why should they be given assistance if they've ruined your property.

[Letmehaveausername]

I really strongly suggest you tell the truth, it's possible the council will be able to advise you on how to go about reclaiming the damage expenses, because I would be gunning for blood if someone had caused £5000 worth of damage to my property

[Fireflysingstheblues]

These are all good points , and it does give me a better perspective . I will tell them the truth when they contact me . I didn't really think of it helping them . The tenant has been manipulative and aggressive , and my main concern was that they left as quickly as possible . The solicitor advised that we could go for damages through the small claims court , but in the long run it may end up costing us more than we can ever hope to gather back .

It has been extremely stressful and we seem to cross one hurdle , only for another to appear .

[Sunnyshores]

Im really sorry this is happening to you. We've had a few similar instances over the years and I know its very stressful and upsetting. You have to tell the truth or you will get yourself tied up in your lies and they will come back to bite you.

Dont expect any help from the Council - they dont care about you, or your tenant actually. All theyre trying to do is make sure they dont have to house them. So they will tell your tenant to wait until the very last minute and that means until you have taken them to court and until you have instructed baliffs and until the baliffs have been - which Im afraid could be months away. Im not trying to be doom and gloom, but realistic. You dont need a solicitor to do all this by the way, so save yourself money here.

Also taking them to small claims need not cost you thousands, you dont need a solicitor to do this for you. Its very easy. First though, you need to know if theyve got any money or it is pointless.

I hope youve got the right insurance? And youve joined the NLA. I say this on every post and it really is a life saver for £100 a year.

Best of luck

[Fireflysingstheblues]

Thanks for taking the time to reply .
I am aware that it could take months to eventually get the tenants out of the property . We are relatively new Landlords , we have only been doing this for 3 years , so after receiving some dodgy advice for our managing agents , we decided using a solicitor was the way to go in this case.

We are insured , as well as we can I think , but any advice would be welcome .We are covered for malicious damage , tenant theft , floor covering and legal expenses including eviction .
I will definitely look at the small claims court process , and consider that as an option , once we get access to the house again .
The council haven't been in touch yet , but i will tell them exactly why we choose to serve the tenants notice.

[Sunnyshores]

It sounds as if you have comprehensive insurance which is good. Have they provided the solicitor thats dealing with the eviction? Id make sure you run everything by them, to make sure you're doing what they need you to be doing to be covered by them - they'll try and weasel out of it wherever possible.

Its not too late to join NLA and you would benefit from their free legal helpline.They will help you fill in the small claim forms when the time comes. Apart from all the on-line training resources etc etc.

Id make sure all your paperwork is in order - deposit info, signed inventories, photos printed best quality, any inspections or conversations etc recorded. It may not be needed, but you will sleep better knowing you're prepared.

Personally Id disengage from the tenant now for my own sanity - but thats a decision only you can make.

If you are covered by insurance for damage - what loss do you think you'll still make? It may well be worth writing off a thousand or so for the stress of court action. I dont say this as a 'rich' landlord, I say this as someone who values my time and my health!

But, if its more than this, you need to start looking at the tenants position and the likliehood of them actually having the money to pay you back after a judgement. Are they in full time employment? Do they have other debts? You could spent time looking into this and preparing what youre going to do after eviction.

This is crap... but you can limit its effects.

[Sunnyshores]

Sorry me again! I dont mean to come across as know it all. As I say its happened to me a few times over the years and with every tenant there is still an element of luck, circumstances change and the perfect tenant you had 2 years ago has a new bf or loses her job, gets into drugs whatever and this happens.

[Fireflysingstheblues]

Thanks , I really appreciate your advice , I am going to join the NLA today , so we can get some advice about the letting agents and the tenant .
I had another stressful afternoon yesterday , the agents rang to say the tenant wants to replace the carpets that are damaged , he admits fault .
However , he wants a friend to fit them after he leaves and for the cost to be taken out of the deposit .
I am not happy with this , as we have no guarantee this will ever happen . He also stated that he wants to take 2 carpets he replaced with him , leaving us with no carpet in two bedrooms .
Firstly they were adequately carpeted and on the inventory when he moved in , he didn't ask consent to change them . How he expects his deposit to cover carpets for 4 rooms is beyond me .
As for the kitchen cabinets , he states that he is painting them . I asked the agent if he has done this to all the cabinets , and could we tell him not to continue .He believes that this makes good the damage !
Just when you think nothing else can happen it does , however we did find out that he has a guarantor , so hopefully we can pursue them for damages .
I think you are right we need to disengage with him completely . I told the agent that we are happy for him to replace carpets / lino like for like but that it must be completed before he leaves , and we will assess the situation when he is out of the property .

My other problem is how to tackle the agents lack of action , we pay a management fee every month , yet they every little question is directed back to us . They don`t seem to know how to handle the situation , and have been dismissive of our concerns .

I hope the above makes some sense , I seem to have a lot of information swimming around in my head at the moment .

[Sunnyshores]

I would ask your agents for all the paperwork regarding the tenant and the guarantor - go into the office and stand there while they get this, no point asking for it over the phone.

Is the guarantor even worth the effort? Is he/she house owning, in employment etc. Have they been correctly and legally signed up as a guaranotr? If so, then Id write to them saying you are having problems with the tenant and remind them they are liable for any damages etc. NLA can give you proper wording.

Check all the other paperwork from the Agent.

As for replacing carpets, painting cabinets - NO leave everything as is. Dont let him do anything or take anything. You can do an inspection a few weeks from the end of tenancy and agree what needs doing, who will do what etc and costs.

As for the agent - cant you get rid of them, you need to be managing this difficult situation and it doesnt seem as if they are adding any value to this difficult process.

[Fireflysingstheblues]

These are all good points , some things I would never have considered . The agent advised me that I should be giving the tenant an opportunity to put things right . My first instinct was to insist that he he should do nothing . Unfortunately he has already painted some kitchen cabinets and I have instructed him not to continue .
I will get in touch with agents and find out the details of the guarantor , and do some digging . I don't want to get rid of the agents , just yet as I feel they are partly responsible . Thanks again your advice has been great .

[Sunnyshores]

You should be giving the tenant an opportunity to put things right - in so much as not just charging them top dollar for fixing it all at the end. But likewise, they shouldnt just be given a free rein to do whatever they think is making it 'better'. And Im afraid the agent cant be trusted to decide whats in your best interests. Yes, they are partly responsible, but what are you expecting them to do? Do you know for sure what else they're agreeing to? As long as they're collecting rent, they're still getting their income.

You need to know what your £ best and worst case scenario is. What have your insurance company said? Have they approved the solicitor you're using? Best case scenario - they will cover all damage and eviction costs.

You need answers and a plan and ten you'll have done what you can..

[BaboonBottom]

I'm so sorry your going through this.
I just wanted to say we aren't all like this. We moved in after similar sounding tenants.
We've spent a lot of money rectifying the previous tenants damage. Graffiti, stickers, holes in carpets. Generally disgusting filth, we've sorted the garden, cleaned, rebuilt, retiled, replaster ex and replaced damaged things.
So we aren't all the same!!'
Good luck getting them out, don't let it put you off, most of us would respect your property and care for it.

[Chloe1984]

Are you a tenant Baboon? If so I hope your LL reimburses you for you for money spent on work you've done on their property, as you'd have thought that would be done before you moved in.

[Sunnyshores]

Baboon - I agree, there are some dreadful lls too - please be careful, it sounds as if you were given a substandard property to start with.

[BaboonBottom]

Yeah I'm the tenant. Your right the landlord should have done it before renting it, or reimbursed us but as its my home and I don't want to live in a shit hole, I just get on with it.