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Nightmare Tenancy(22 Posts)
First time poster. Please pardon my mistakes. I am caught up in a very difficult situation which has completely stressed me out. 8 months back, I rented out my house to a family (mother, her two adult daughters with 8 children between them) I was very worried letting out to such a large family but they were very keen, very polite and produced two personal/character references. I have been a landlord before this, had to rent out because we needed to move due to work and renting ourselves. The very next month tenants rent was overdue by 10 days, same story the next 2 months. Had an inspection if the property by agents in the 3rd month and heartbroken as my beautiful house resembled a junkyard. Got Section 12 notice issued to get property back at the end of 6 months. On receiving inspection report and notice to end Tenancy, tenants sent a long offensive email saying we were in the wrong and the property is really bad. Then Coronavirus hit. We them they could continue to stay until it was safe to move out. Next month rent paid 3 weeks late after much chasing. Then they complained about oil tank leak. Being in the midst of Coronavirus peak, we paid emergency charges to have someone take a look. Had the oil tank changed but took over 3 weeks as contractor was struggling with supply. Tenants paid no rent this month or the next. Again after chasing, paid April’s rent 6 weeks late and then just stopped paying rent all together while coming up with various complaints. Got them issued with Section 8 notice. They have finally left but owe us 2 months rent which according to the agent, they have just refused to pay. Also refused to provide their forwarding address. I called up the two people who had provided personal references. Last evening a man phoned saying he was my tenant’s Manager saying I am harassing my ex tenants and everything I have claimed is a lie and I will be sued for harassment and slander. This person happens to be there close friend as I have seen him at our property whenever we have visited (probably lived there too). I feel that it I who is being harassed by my ex tenants not the other way round. But what is your opinion, AIBU in my actions. Please help with your suggestions. I have lost my sleep and peace of mind completely. Sorry, forgot to mention, they have had no loss of income or any change in their financial position.
Do you have a deposit you can keep in lieu of missed rent? Think you might have to take the hit and put it down to experience.
Keep their deposit and pursue them through the small claims court?
Keep their deposit for the rent owed and go through a small claims court. I wouldn’t be ringing their character references, bit late for that now.
So take repairs from the tenancy deposit scheme. I hope you took lots of dated photos before they moved in and did a proper inventory. I’m not sure how you rented to such a large family: my tenancy agreement doesn’t allow for that many people. Is it a massive house?
I would probably be thankful that they have finally gone, write off the 2 months rent owed and forget about them.
Personally I would let it go. The amount you would have to pay to pursue them wouldn't be worth it, not least the stress. But do ask for professional opinion on this. But frankly I think you are lucky to have got them out.
Oh and l forgot to ask what the agents did and have advised?
Def need fo write it off and draw a line under it all. Sounds horrid.
Sue their arses off. Even if you don't get the money, you'll have ruined their credit rating for 6 years. If it's under £10k, it's a small claims court matter and a doddle to do.
Was the tenancy in all 3 adults' names, or just one? If the former, it's joint and several liability, so you can recover the money from one or each of them.
If any of them work, you might be able to get an attachment of earnings order once you've got the order for the debt.
It's illegal to keep deposit in lieu of rent. You are best off thanking your lucky stars that they left write off the lost rent. Repair and rent out again and I'm sad to say never rent to multiple generation families. Personal references are not worth anything.
Unless you have spare.money and are.up for the challenge I would let it go, these people aren't going to pay. Change locks and be thankful they're gone. (As I have just done).
IT might not seem like it but you are very very lucky that they left without you having to take them to court. It could have been nuch worse.
As it is claim the deposit if you've taken one. Before you do, check it was definitely registered in one of the schemes within 30 days of being given (not received) from them. It should be straight forward.
If you want to take them to court try to find out their address. You have 6 years to sue them.
Next time, do go by references, they are pointless and never let to anyone you get any bad vibes about, they are almost always correct.
Take them to small claims and ruin their credit rating . Make other landlords aware of them so they find it difficult to find another house ? Track them down on Facebook ?
Never rent to someone with character references again . Make sure any future tenants have a guarantor.
And when you do take them to court make sure you claim for your solicitors fees too , don’t just ask for the two months rent . Dicks !
Deposit in lieu of rent and move on. It is seriously not worth the trouble to pursue it on the courts. It would be nice to see a CCJ but it is expensive. I also suggest using a good agent in future as they can be like terriers in extracting and not letting it get personal.
Everyone talks of dodgy landlords but there are plenty of dodgy tenants too. If only there was a register of such tenants..
Be glad they’re out! Get the rent from the deposit - well, as much as you can. If you can forget the rest do because I personally think it will be less hassle.
I’d ignore their threats. They’re just made to scare you. There are some horrible people around.
It is not that much trouble to take it to court. Really not. But I'd also be taking the agent to court -what the hell were they doing? Managing the property -doesn't sound like it. Did they check the references -they should have in which case phoning the referees -I don't know why you needed to.
You don't need a solicitor for small claims court. you might not get anywhere but as someone else said a CCJ would be nice.
Keep the deposit for damage/rent. If you are thinking of going down the small claims line use the deposit for damage and small claims for rent.
But... I have had zero success with small claims for rent arrears. You need an address. If they are the type to move regularly it makes it even harder. Also pointless if they are self or unemployed.
Thank goodness they're gone. Its up to you whether you want to take them to court. Personally, I'd let this one go, because I wouldn't want to waste more money going to court etc.
You hear such horror stories about renting out, it truly is scary.
I'm sure you've learnt a lot from this though, so at least it won't happen again.
Best of luck with what you choose to do, keep us posted.
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