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Legal matters

Nightmare tenant

32 replies

Livinglifepeachy · 12/03/2018 23:55

Hi

I feel so stressed out right now.. So basically my tenant was served à section 8 notice which was put outside her bedroom door she hasn't paid since first week of February and is on a weekly payment schedule. She kept saying I will pay and then never does this happened in January as well and paid everything but this time it is the 12th of March and nothing is paid to us.

On the 20th Jan I told her she will be served with a section 8 notice if she doesn't get in contact and pay up so she said she would pay on the 23rd of Feb some of it and the rest she will slowly pay off. From the 20th Jan I didn't hear anything from her so on Sunday the 25th we went round as the other tenant is my friend and stuck the papers on her bedroom door. She messaged me on the 7th after begging her to get in touch and she said I will pay on Friday and again nothing.

Her section 8 ran out so I texted her saying your issued section 8 notice has ran its course can you give us the key or pay up or else we will now take it to court. Surprise!!! She starts going on about how she's been waiting pour this and will now return to the property and wait for a court eviction as apparently what I have done is illegal and I haven't issued it to her properly.

It's on her bedroom door I have the picture
It's not my fault after over 20 phone calls made she hasn't fucking picked up her phone.
Not my problem she has decided to vacate the property for 2 weeks to do living care even though the date she said she will get back was the 8th of March.

And to top tt off she said she has been waiting for this.

What the hell is wrong with people?

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meme70 · 13/03/2018 00:04

Had this several times
One women rented our 5 bed house with 5 kids and it was so badly looked after
So when we said she needs to sort the house out she stopped paying her rent it’s housing benefit
Housing benefit told us she can do what she likes with the housing benefit as it’s hers ?????

We issued her a section 8 but it was apparently one day out and has to be an exact date
So we issued another and she wouldn’t leave

She stayed 5 months laying no rent and it was £980 a month

In the end she left after solicitors eviction notices but trashed the house took the key and then we got tons of debt letters for her she had £1000 debt in her gas metre form previous addresses

I’d take this legal ASAP as it drags on and even after a court order she can stay upto 6 weeks then you as bailiffs are booked for weeks

Watch scum landlords sort of programmes etc can’t recall the name

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Livinglifepeachy · 13/03/2018 00:18

Did you manage to recover the money? Have you rented the property out again and was your tenant liable for the damage?

This is what we are worried about she won't give us anything back and on top we will need to fork out so much fees.. I have my wedding in August and I really don't need this right now.

I even gave her a Christmas gift when she moved in. I just feel like a mug!

Why is there no laws to protect landlords like why is the tenant so supported and we are having to pick up the mess? This is rediculous how we have to apply so many notices and on top have to fork out so much.

I am honestly stressed out by this as I've just started a nursing degree and have so much on my plate.

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meme70 · 13/03/2018 00:33

No this was 10 years ago no money for any of it we rented 4 properties all did it in one go was awful - you can take her to court to chase the debts

Me and my ex split 6 years ago he still rents it to a couple who are great tenants so it can be okay

I rent now and my landlord is awful I pay 2 weeks early every month decorated all through large 3 bed house the damp is not good and he not done a gas check 2.5 years plus he put re t up last year said he’d put new kitchen in as rent rise and he never put a kitchen in
We are having a house built so it’s a case of sitting it out so I’ve been on both ends shifty tenants shitty landlords

Sorry your going through this band I hope you get it sorted for your wedding don’t hang around my ex hung around he annoyed me time is money get her out ASAP legally x

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Raven88 · 13/03/2018 00:43

Sorry you are going through this. She sounds like an entitled brat. I would be so embarrassed if I didn't pay my rent. You also sound like a nice landlord.

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Jon66 · 13/03/2018 00:51

Serve a s21 notice at the same time as the s8 in future or do it now in any case. Then if she does pay all the rent due before the court date you can still continue with the application for the possession order on a no fault basis.

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Livinglifepeachy · 13/03/2018 01:29

It's horrible we were relying on the money to pay for some of the wedding expenses as well and I have cut down the hours at my workplace for this degree. Oh wow 2.5years that's really bad we have fitted a brand new boiler from bg with a hive system 2 months before we left the property and rented it out to her. I'm half feeling like we should sell the place but I love the flat so much.

I'm really sorry to hear what you went through that must of been awful! I've had a bad landlord that made me pay to have a lock on my room at uni years back and didn't fix anything and kept my deposit. She was so horrible.

Guess it's always the people who try to be good that get hurt. I honestly thought she was going to be a really nice Tennant as well.

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Livinglifepeachy · 13/03/2018 01:32

See I couldn't serve à section 21 yet as it's been less than 6 months since she's moved in, I've tried my possible best to accommodate her and work with her to sort her arrears but when someone just ignores you constantly really makes you feel like shit.

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SD1978 · 13/03/2018 01:39

There are many things that can be done to stop an eviction- also if she has nowhere else to go and is looking for the council to house her, she can’t make herself intentionally homeless- would have to wait until bailiffs remove her. I’d seriously advise seeing a solicitor. If she’s already aware of what her rights are, and will follow her to the hilt, the quickest thing is get legal involved soon- that will ensure the process can’t be argued with. She’s already contesting the sect 8- she doesn’t sound like she’s leaving anytime soon.

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Livinglifepeachy · 13/03/2018 01:43

I just spoke with my friend who lives at the flat and she has said she still hasn't come home she's been gone since the 20th of January and was supposed to be back on the 8th but still hasn't set foot in the house. According to my friend she's in the house 2 nights out of 7 and dissappears god knows where.

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Livinglifepeachy · 13/03/2018 01:49

We did find it weird that some charity well wishers paid three weeks of her rent back in December. The reason she was late for paying in January was because her family member in Zimbabwe wanted fertiliser and she supports two kids abroad one in China and one in Croatia I think with living costs and tuition fees. She basically doesn't manage her finances very well and she is always sending boxes of stuff to Africa. I still find it irresponsible for her to neglect rent.

I even told her if you are going through difficulty just call me and will sit down and work out how to go forward but she just takes the piss

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SD1978 · 13/03/2018 02:11

You just need her out. She’s taking the puss. They story isn’t your problem. It’s unfortunate, but you also need to lol after you, and you’ve given her ample opportunity to rectify it.

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Livinglifepeachy · 13/03/2018 02:25

Yup seeking legal possession now I will definitely update you all on what happens I just needed to vent this off my chest and wasn't sure whether I had done enough to help her but I have gone beyond and now I just want to get rid of her I wish there was a bad renters list that you can check their name against.. But basically she will leave my home and ruin another persons life.

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FruitCider · 13/03/2018 02:51

8 weeks notice us required for a section 21, this can be issued 8 weeks before the end of the 6 month period.

It sounds like it is a shared house, have you considered whether you can issue a license rather than a tenancy in future?

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Livinglifepeachy · 13/03/2018 03:49

Hi fruitcider

Nope I have not heard about licensing I will have a read on that. Thank you for pointing out I can do the reverse for the section 21

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AutumnalTed · 13/03/2018 04:43

Can you speak to your friend who lives with her and see if she can chuck her out? Then it’s notbjng to do with you and just a dispute between roommates

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19lottie82 · 13/03/2018 11:20

I think you need legal advice here. If there are any dates / details incorrect on a section 8 and you go to court for an eviction the judge can check out the case and you will be back to square one.

Is your property an HMO?

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Livinglifepeachy · 13/03/2018 11:41

Hi

I've decided to ask legal for landlords to review the notice we have sent the tenant just to make sure everything is correct and we haven't missed anything out.

They basically told me that the tenant must of been advised not to move out so that she can get a council property.

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Livinglifepeachy · 13/03/2018 12:22

How do you report someone who is purposely trying to do this to get a council house?

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19lottie82 · 13/03/2018 13:07

Report them for what and to who? Although frustrating they are following the correct path, this is what the council will advise them to do.

All you can do is get legal advice and go for an eviction ASAP.

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sphinxster · 13/03/2018 13:32

That not true about the council. Our last tenant tried this "wait for the bailiffs" strategy and it is an absolute urban myth.

We had a solicitor deal with it all but from what I can remember through all the stress is: section 8 when they're 2 payments in arrears and then issue the section 21/2? which legally passes possession of the property back to the landlord. They get 28 days to get out. Then you have to apply to the bailiffs. It took 6 months to get our tenant out. It was horrific. You have my sympathy.

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specialsubject · 13/03/2018 14:17

Sec 21 does not pass possession back to the landlord!! It is just notice that there will be legal proceedings. Possession only comes back to landlord when tenant surrenders tenancy or bailiff comes.

You need urgent legal advice from an expert . sounds like you have a player, but tenants hold all the cards. This will cost and take time, I hope you have suitable insurances.

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Livinglifepeachy · 13/03/2018 15:24

I feel so put off renting property right now as I don't know how long before she will move out I am seriously considering selling or moving back in. The law is a joke towards landlords.

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Livinglifepeachy · 13/03/2018 15:27

She literally just messegged me right now saying I've just been back home and seen the notice what does that mean can you explain it.

I feel my energy being sucked by a vulture. Yet yesterday she was going on about her rights and how this is not proper legal proceedings. Chuckle chuckle face - palm*

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rollingonariver · 13/03/2018 15:52

Good luck op. She sounds like she's taking the piss and playing the council house system, there's people who have been waiting years. It's horrible.
Hope you get her out soon.

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rollingonariver · 13/03/2018 15:53

Also! Although there isn't a list of bad tenants, it's really hard to get a property with a CCJ against you and without a good reference from your current landlord. It's actually incredibly difficult to get a rental property, are you renting through an agent?

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